THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Appeal No.1011 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Heard Mr. E.Ajay Reddy, learned Senior Counsel appearing for
Ms. E.Anisha Reddy, learned counsel for the appellant;
Mr. Vedula Srinivas, learned Senior Counsel appearing for
Mr. K.Pradeep Reddy, learned counsel for respondent No.1: and
Mr. T.Srikanth Reddy, learned Government Pleader for Revenue
representing respondents No.2 and 3.
2. With the consent of the parties, the matter is heard finally.
3. In this intra court appeal, the appellant has assailed the validity
of the order dated 24.07.2023, passed by a learned Single Judge in
I.A.No.1 of 2019 in/and W.P.No.28164 of 2008, by which the implead
application filed by the appellant has been dismissed and the writ
petition preferred by respondent No.1-writ petitioner has been
allowed.
4. We have heard learned Senior Counsel for the parties at length.
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5. Facts
giving rise to filing of this appeal briefly stated are that respondent No.4 viz., B.V.Ramana sold the land admeasuring Acs.5.33 guntas situated in Survey No.186 of Vattinagulapalli Village, Rajendranagar Mandal, Ranga Reddy District in Madinaguda vide registered sale deed dated 11.10.1996 in favour of husband of the petitioner viz., late K.S.Amarnath. Thereafter, the aforesaid B.V.Ramana unilaterally executed a cancellation deed dated 01.07.2023 and cancelled the sale deed, which was executed on 11.10.1996. Thereafter, the deed of cancellation was presented before the Sub- Registrar, who allowed the registration of the deed of cancellation, which was executed unilaterally. Being aggrieved, the mother and wife (writ petitioner) of late K.S.Amarnath filed an appeal under Section 72 of the Registration Act, 1908, before the District Registrar (respondent No.1), which was dismissed on 23.07.2008.
6. The validity of the order dated 23.07.2008 was assailed in a writ petition viz., W.P.No.28164 of 2008. The learned Single Judge, by an order dated 24.07.2023, has examined the validity of the aforesaid order and placed reliance on a decision of the Supreme Court in Thota ::3::
Ganga Laxmi v. Government of Andhra Pradesh 1 and held that unilateral execution of the sale deed is not permissible.
7. After hearing learned Senior Counsel for the parties at length, the Writ Appeal is disposed of with the clarification that any observations made by the learned Single Judge in the order dated 24.07.2023 shall not be taken to be about adjudication of title of the parties to the proceeding. It is trite law that a question of title cannot be adjudicated in a writ petition. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ _______________________ N.V.SHRAVAN KUMAR, J Date: 18.10.2023 LUR 1 (2010)15 SCC 207