JAYALAXMI CHANDRASHEKAR Vs. C S SHIVASHANKAR

JUDGEMENT

(1.) Petitioner/Plaintiff has filed the present writ petition against the order dated 4.12.2018 passed by IV Addl. Civil Judge & JMFC., Udupi, made in O.S.No.577/2016 (disposed of on 10.9.2018) rejecting the application of the plaintiff, requesting to send intimation with regard to the decree of cancellation of registered Gift Deed to the jurisdictional Sub- Registrar Office Brahmavara.

(2.) The petitioner/plaintiff filed a suit for declaration and injunction in respect of the suit schedule property, more fully described in the schedule to the plaint. After contest, the suit came to be disposed on 10.9.2018 in terms of the compromise entered into between the parties. Thereafter the cancellation of Gift Deed dated 7.6.2016 in terms of the decree, was not sent by the Court to the concerned Sub Registrar as contemplated under the provisions of Section 31(2) of the Specific Relief Act, 1963(For brevity hereinafter referred to as Act ). Therefore, the decree holder/petitioner herein was forced to file an application under Section 151 of CPC to send intimation to the Sub-Registrar of Brahmavar and the concerned Tahsildar with regard to the cancellation of the registered Gift Deed contending that it is mandatory on the part of the court under the Provisions of Section 31(2) of the Act, to send a copy of the instrument to the Office of the Sub-Registrar in which instrument has been registered containing the fact of cancellation.

(3.) The respondent has not filed any objections. The trial court proceeded to reject the application mainly on the ground that the trial court has no jurisdiction to pass order in a disposal matter, as the court become functus officio . Hence, the present writ petition is filed.