Full Judgment Text
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WP No. 28856 of 2025
HC-KAR
R
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 22 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 28856 OF 2025 (GM-ST/RN)
BETWEEN:
MR. P S ASHOK KUMAR
S/O B D SHIVANNA
AGED ABOUT 57 YEARS
R/A PARASANAHALI
BANDIHALLIPOST
NITTUR HOBLI, GUBBI TALUK
TUMAKURU DISTRICT 572 223.
…PETITIONER
(BY SRI. KUMARA K G.,ADVOCATE)
AND:
1.
THE DISTRICT REGISTRAR
TUMKURU DISTRICT
TUMKURU 572 132.
2.
THE COMMISSIONER
TUMKURU MAHANAGARA PALIKE
TUMKURU 572 102.
3.
SMT. L RADHAMANI
W/O LATE C V YOGENDRAKUMAR
AGED ABOUT 49 YEARS
4. MR CHANDAN
S/O LATE C V YOGENDRAKUMAR
AGED ABOUT 23 YEARS
5. MISS LOGITA
D/O LATE C V YOGENDRAKUMAR
AGED ABOUT 18 YEARS
Digitally signed by
NAGARAJA B M
Location: HIGH
COURT OF
KARNATAKA
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RESPONDENT NO. 3 TO 5 ARE
R/AT NEAR KARMEL ENGLISH SCHOOL
MANJUNATHANAGARA GOKULA BADAVANE
BADDIHALLI EXTENSION
TUMKURU 572 102.
…RESPONDENTS
(BY SMT. NAVYA SHEKAR, AGA FOR R1;
SRI. R SUBRAMANYA., ADVOCATE FOR R2;
V/O DT. 9.3.2026, NOTICE TO R3 TO R5 IS
DEFERRED FOR TIME BEING)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT BEARING NO.G NO KA TU/ETHARE/10/2025-26
DATED 28/08/2025 PASSED BY R1 VIDE ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petition is filed seeking the following
reliefs:
"Wherefore, for the foregoing reasons the
Petitioner most respectfully pray that this
Hon'ble Court be pleased to:
a) Issue writ of certiorari by quashing the
endorsement bearing No. G NO KA TU
/Ethare /10/2025-26 dated.28.08.2025
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passed by Respondent No.1 vide
ANNEXURE.A.
b) Issue a writ of mandamus or directions
to the respondent No.1 to register the sale
deed in favour of the petitioner as per the
court order.
c) Issue a writ of mandamus or directions
to the respondent No.2 to effect the E-
katha (Pothi Katha) in favour of the court
commissioner or Respondents no.3 to 5.
d) Grant such other relief as this Hon'ble
court deems fit in the interest of Justice and
Equity."
2. The petitioner/decree holder is before this
Court. Petitioner filed a suit in OS.No.138/2018 seeking
relief of specific performance of contract. The suit filed by
the petitioner was decreed by judgment and decree dated
06.04.2021. Petitioner filed execution petition in
Ex.No.81/2021. The Executing Court passed an order
appointing a Court Commissioner to execute the sale deed
in favour of the petitioner. However respondent No. 1 has
issued the impugned endorsement dated 28.08.2025
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declining to register the sale deed for want of E-katha.
This impugned endorsement is challenged and
consequential directions are sought.
3. This Court is of the considered view that the
approach adopted by the authorities, in declining to
facilitate execution of a decree for specific performance on
the ground of non-issuance of E-khata, is wholly
unsustainable both in law and on first principles governing
execution of decrees. The situation that has repeatedly
surfaced before this Court discloses a systemic incongruity
a grey area in the administrative framework wherein the
executive machinery, instead of acting in furtherance of a
binding judicial determination, operates in a manner that
effectively renders the decree inexecutable.
4. A decree for specific performance, once it
attains finality, is not a mere declaration of rights but is a
command enforceable in law. The executing Court is
vested with ample powers to ensure that the decree is
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translated into reality, including by appointing a Court
Commissioner where the judgment-debtor/owner fails to
cooperate. However, the difficulty arises at the stage of
registration, where the insistence on E-khata coupled with
the reluctance of authorities to issue the same either in
favour of the decree holder or the Court Commissioner
creates a procedural deadlock.
5. This Court cannot lose sight of the practical
reality that in a vast majority of cases involving decrees
for specific performance, the judgment-debtor, having
suffered an adverse decree, deliberately abstains from
participating in execution proceedings. Such calculated
inaction is not innocuous; it is often a stratagem to
frustrate the decree. When the statutory framework
mandates E-khata as a pre-condition for registration of
sale deeds, the judgment-debtor’s failure to secure E-
khata places him in an undue advantageous position, while
the decree holder despite succeeding before a competent
Civil Court is left remediless. This anomalous situation
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strikes at the very root of the rule of law, for a decree that
cannot be executed is a mere paper decree.
6. The executive authorities, including the
municipal bodies and the registering authorities, cannot be
permitted to adopt a hyper-technical or pedantic approach
so as to defeat the fruits of a decree. Their obligation is
not merely regulatory but also facilitative when acting in
aid of judicial orders. The absence of a clear administrative
protocol in such cases has resulted in inconsistent
practices, thereby necessitating judicial intervention to fill
the void and lay down workable guidelines.
7. Accordingly, in order to bridge this grey area
and to ensure that decrees for specific performance are
effectively enforced, this Court deems it appropriate to
formulate the following guidelines to be adhered to by the
Executing Courts, local bodies, and the registering
authorities:
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(i) In all cases where a decree for specific
performance has attained finality and the judgment-
debtor has failed to execute the sale deed, the
Executing Court shall be at liberty to appoint a Court
Commissioner to execute the sale deed on behalf of
the judgment-debtor.
(ii) Where the property in question requires E-khata
as a pre-condition for registration, the Executing
Court may, either suo motu or on an application by
the decree holder, direct the competent local
authority to process issuance of E-khata for the
limited purpose of facilitating execution of the
decree.
(iii) The competent local authority shall not refuse
issuance of E-khata merely on the ground that the
application is not made by the original
owner/judgment-debtor. In such cases, E-khata may
be issued:
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(a) in the name of the original owner/judgment-
debtor; or
(b) in the name of the Court Commissioner
representing the judgment-debtor for the
limited purpose of execution;
so as to enable compliance with the decree.
(iv) If there are arrears of property tax or any
statutory dues payable in respect of the property, the
competent authority shall quantify the same and
permit the decree holder to remit such dues without
insisting upon payment by the judgment-debtor.
(v) Upon payment of such dues by the decree
holder, E-khata shall be issued within a time-bound
period, not exceeding two (2) weeks from the date of
application or compliance.
(vi) The decree holder who discharges such dues
shall be at liberty to recover the same from the
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judgment-debtor in appropriate proceedings,
particularly where the amounts are substantial.
(vii) Upon issuance of E-khata, the jurisdictional
Sub-Registrar shall not refuse registration of the sale
deed executed by the Court Commissioner, provided
the document is otherwise in compliance with the
provisions of the Registration Act, 1908 and
applicable rules.
(viii) The registering authorities shall treat a sale
deed executed by a Court Commissioner pursuant to
orders of the Executing Court on par with a sale deed
executed by the judgment-debtor himself and shall
not insist on the personal presence or consent of the
judgment-debtor.
(ix) All authorities shall bear in mind that their role
is to act in aid of the decree and not to create
impediments that would defeat the enforcement of a
lawful adjudication.
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8. For the foregoing reason, this Court proceeds to
pass the following:
ORDER
allowed
(i) The writ petition is .
(ii) The impugned endorsement dated 28.08.2025
issued by respondent No.1 declining to register the
sale deed for want of E-khata is hereby quashed.
(iii) Respondent No.2–the competent local authority
is directed that, upon an application being made
either by the petitioner/decree holder or by the Court
Commissioner appointed in Ex.No.81/2021, shall
process and issue E-khata in respect of the subject
property, either in the name of the original
owner/judgment-debtor or in such manner as would
facilitate execution of the decree, strictly in terms of
the guidelines formulated hereinabove.
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(iv) If there are any arrears of property tax or
statutory dues in respect of the subject property, the
same shall be quantified and intimated to the
petitioner/decree holder, who shall be permitted to
remit the same without insisting upon payment by
the judgment-debtor. Upon such payment, E-khata
shall be issued.
(v) The entire exercise of issuance of E-khata shall
be completed by respondent No.2 within a period of
two (2) weeks from the date of receipt of application
along with compliance of dues, if any.
(vi) Upon issuance of E-khata, the jurisdictional
Sub-Registrar shall receive and register the sale deed
executed by the Court Commissioner in favour of the
petitioner/decree holder, without insisting upon the
presence or consent of the judgment-debtor and
without raising objections inconsistent with this
order.
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(vii) The sale deed executed by the Court
Commissioner pursuant to the order passed by the
Executing Court shall be treated as a valid
conveyance for all purposes in law.
(viii) Liberty is reserved to the petitioner/decree
holder to recover any statutory dues or arrears paid
by him, from the judgment-debtor in accordance with
law, if so advised.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
ALB
List No.: 1 Sl No.: 68