ANTONY SAMY K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed seeking a writ of mandamus directing the respondent No.2 to make necessary entries in the Encumbrance Register and Encumbrance Certificate pertaining to the schedule property reflecting the cancellation of the Joint Development Agreement dtd. 22/7/2024 vide Annexure-A and the General Power of Attorney dtd. 22/7/2024 vide Annexure-B in terms of the judgment and decree dtd. 9/10/2025 passed in Com.O.S.No.1020/2025 by the LXXXV Additional City Civil & Sessions Judge, Bengaluru.

(2.) The petitioner claims to be the absolute owner and in possession of the suit schedule property. The petitioner contends that one Mallikarjun, Managing partner of M/s. Matrix Infra, approached him with a proposal to develop the suit schedule property into a multi-storied residential complex under a Joint Development Agreement (JDA) model. Believing the representation made by the said developer to be genuine, the petitioner executed a registered Joint Development Agreement dtd. 22/7/2024 and, on the very same day, also executed a registered General Power of Attorney (GPA) in favour of the developer.

(3.) It is the specific case of the petitioner that despite execution of the said documents, the developer failed to commence any development activity or take any steps to obtain the necessary statutory approvals from the competent authorities. The petitioner states that repeated requests and follow-ups yielded no response. Consequently, the petitioner issued written reminders dtd. 5/5/2025, 19/5/2025 and 2/6/2025, calling upon the developer to commence development in accordance with the terms of the JDA and GPA. Despite the said communications, the developer failed to take any steps.