THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE UJJAL BHUYAN
Writ Appeal No.542 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
This writ appeal is arising out of the order dated 22.06.2021
passed in I.A.No.1 of 2021 in W.P.No.13800 of 2021.
Learned counsel for the appellant has argued before this
court that the learned Single Judge has directed registration of a
document and there is a dispute in respect of ownership between
the present appellant and respondent No.1.
This court has carefully gone through the order dated 22.06.2021 passed by the learned Single Judge in I.A.No.1 of 2021 in W.P.No.13800 of 2021 and the same reads as under:-
"There is inter se dispute between the petitioner and fifth respondent on land to an extent of Ac.0-20 guntas in survey Nos 28, 29 and 30 of Gopanpally Village, Serilingampally Mandal, Ranga Reddy District. The fifth respondent instituted O.S.No.121 of 2020 pending in the Court of Additional Junior Civil Judge, Kukatpally at Miyapur, Ranga Reddy District. In I.A.No.127 of 2020, the trial Court granted ad-interim ex parte injunction restraining the respondents from interfering with the peaceful possession of petitioner over the suit schedule properties. This injunction order was operative initially till 24.02.2020 and Court is informed that same is extended until further orders.
While so, the deed of conveyance presented by the petitioner on land to an extent of 2740 square yards in survey No.30 of Gopanpally Village was not received and processed for registration on the ground that injunction is operating on the said survey number. Prima facie, from the reading of the provision in Standing Order 219 Part B and the decisions governing the issue, since injunction order is only on the aspect of interference and there was no restraint imposed from dealing with the property in any other manner, the Registering Authority could not have refused to receive the deed of conveyance and process the same in accordance with the Registration Act. The Registering Authority is 2 directed to receive and process the deed of conveyance that may be presented by the petitioner on land admeasuring 2740 square yards in survey No.30 of Gopanpally Village and register and release the document, if it is otherwise in order. However, it is made clear that any such registration shall abide the result of pending suit and this writ petition."
The learned Single Judge has made it clear that the registration will not affect the rights of the parties and therefore, in the considered opinion of this court, as the matter has to be decided on merits by the learned Single Judge, no case is made out for interference in the present writ appeal. It is made clear that the interim order will not create any right in favour of the parties and the lis has to be decided on merits by the learned Single Judge.
With the aforesaid, the writ appeal stands disposed of. The miscellaneous applications pending in this writ appeal, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ UJJAL BHUYAN, J 22.10.2021 JSU