THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1058 OF 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mrs. K.Annapurna Reddy, leaned counsel for the appellants.
Mr. T. Srikanth Reddy, learned Government Pleader for
Stamps and Registration for respondent Nos.1 to 4.
Mr.Kiran Palakurthi, learned counsel, appears for Ms. Srilatha Palakurthi, learned counsel for respondent No.5.
2. This intra court appeal has filed against the order dated 25.04.2022 passed by the learned Single Judge by which Writ Petition No.19999 of 2022 preferred by respondent No.1 has been disposed of with a direction to the Sub-Registrar, Toopran, Siddipet District to register the document of sale, transfer and gift etc. The learned Single Judge, in view of the consent given by learned counsel for the parties in the writ petition that the controversy in the writ petition is squarely covered by an order dated 18.02.2022 in W.P.No.328 of 2022 and batch, has disposed of the writ petition.
3. The appellants, who claim an independent title in respect of subject property, are not parties to the writ petition. Therefore, the ::2::
order passed in writ petition does not bind them. It is also not in dispute that in pursuance of the directions issued by the learned Single Judge, provisional sale deed has been registered on 02.05.2022, which is subject to outcome of SLP (Civil) No.19695 of 2021.
4. Therefore, in the peculiar facts of the case, we permit the appellants to assail the validity of the sale deed by way of separate civil suit. Needless to state that any of the observations made in the order by the learned Single Judge shall not affect the rights of the appellants in prosecuting the remedy of the civil suit, which may be resorted to by them.
5. With the aforesaid liberty, the writ appeal is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J Date: 09.11.2023 Lrkm/Myk