THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
I.A.No.1 of 2021
in/and
Writ Appeal No.515 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 09.09.2021 passed by the learned Single Judge in
W.P.No.21482 of 2021.
The facts of the case reveal that the writ petitioner
preferred the writ petition stating that the respondent
No.3 in the writ petition, Sub Registrar, is not registering the two Sale Deeds dated 30.08.2021 presented by the writ petitioner's vendor in respect of Plots bearing No.74 and 75 in Survey No.20/5 admeasuring 300 square yards each, situated at Katedhan Village, Rajendra Nagar, Ranga Reddy District. The learned Single Judge disposed of the writ petition and has directed the Sub Registrar to register the Sale Deeds.
The writ appeal has been preferred in the matter with an application, being I.A.No.1 of 2021, for grant of leave to prefer the writ appeal. The said I.A. is allowed. 2
Learned counsel for the appellant has argued before this Court that a civil suit has been filed by the appellant in respect of the same property and therefore, in all fairness, he should have been impleaded as one of the respondents in the writ petition.
This Court has carefully gone through the order passed by the learned Single Judge. Undisputedly, as stated by the learned counsel for the appellant, there is no injunction order granted in the civil suit in O.S.No.114 of 2021. Therefore, in those circumstances, unless and until there was a specific injunction order, the Sub Registrar cannot refuse to register the documents merely on the ground of pendency of suit between the parties. Learned counsel for the appellant, at this stage, has stated before this Court that the subsequent sale will result in multiplicity of judicial proceedings.
It is needless to mention that the doctrine of lis pendens is very much applicable and therefore, no case for interference is made out with the order passed by the learned Single Judge. It is also needless to mention that the learned Single Judge while disposing of the writ petition has made an observation that mere registration 3 of the documents does not confer any title to the property and affect the rights of any third party or the plaintiffs in a pending suit and the parties shall abide by the result of the said suit and, therefore, no further orders are required to be passed in the present appeal.
The writ appeal is disposed of accordingly. The miscellaneous petitions pending in this appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 25.10.2021 ES