Citation : 2021 Latest Caselaw 156 AP
Judgement Date : 18 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO IA No. 1 OF 2020 IN WP NO: 24513 OF 2020 Between: Chaluvadi Ajay Srimannarayana, S/o Late Chaluvadi Mohan Rao, aged 31 years, R/o D.No.7-305B, Markapuram, Prakasam District ...Petitioner (Petitioner in WP 24513 OF 2020 on the file of High Court) AND 1. The State of Andhra Pradesh, Rep by Principal Secretary Revenue (Registration & Stamps) Department Secretariat Velagapudi Guntur District. 522 020 2. The Commissioner & Inspector General of Registration and Stamps, 5-59, R.K, Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Krishna District, Vijayawada-521151 3. The Sub- Registrar, Stamps and Registration Department Addanki, Prakasam District, 523 201 4. Chaluvadi Rajeswari, W/o Late Chaluvadi Mohan Rao, Hindu, aged 63 years, R/o D.No.7-305B, D.No 4-266 (Sic incorrect) Markapuram Prakasam District 5. Yechuri Venkata Padmavathi, Flat No 101. 7" Cross, 3 Road, Opposit to Avanna Apartment Rock Town Colony, LB Nagar, Hyderabad, Telangana. ...Respondents (Respondents in-do-) Counsel for the Petitioner : SRI PARTHASARADHY ACHUTA Counsel for the Respondent Nos. 1 to 3: GP FOR REGISTRATION & STAMPS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pending hearing of the W.P. to suspend and stay the operation of registration of Revocation Deed dated 26-10-2020 of an earlier Gift Settlement Deed dated 19-03-2012 in the interest of Justice, pending disposal of WP No. 24513 of 2020, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). ORDER:
"Learned counsel for Petitioner submits that the unilateral execution of Revocation Deed dated 26.10.2020 canceling the Gift Settlement Deed dated 19.03.2012 by the 4° respondent is illegal, contrary to the provisions of A.P. Registration Rules and provisions of Section 126 of Transfer of Property Act.
In view of the submission made by the learned counsel for the petitioner and also in view of the Judgment of this Court in Kolli Rajesh Chowdary Vs. State of A.P in Writ Petition No. 977 of 2019 dated 07.03.2019 and also Judgment of the Hon'ble Supreme Court in Thota Ganga Laxmi and Another Vs. Government of Andhra Pradesh & others reported in 2010(15) SCC 207 there shall be interim suspension as prayed for."
SD/- M.Suryanadha Reddy ASSISTANT REGISTRAR
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. The Principal Secretary Revenue (Registration & Stamps) Department
Secretariat Velagapudi, State of Andhra Pradesh, Guntur District. 522 020 The Commissioner & Inspector General of Registration and Stamps, 5-59, R.K, Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Krishna District, Vijayawada-521151
The Sub- Registrar, Stamps and Registration Department Addanki, Prakasam District, 523 201
Chaluvadi Rajeswari, W/o Late Chaluvadi Mohan Rao, R/o D.No.7-305B, D.No 4-266 (Sic incorrect) Markapuram Prakasam District
Yechuri Venkata Padmavathi, Flat No 101. 7" Cross, 3 Road, Opposit to Avanna Apartment,Rock Town Colony, LB Nagar, Hyderabad, Telangana. (Addresses 1 to 5 by RPAD- along with a copy of petition and affidavit)
One CC to Sri. Parthasaradhy Achuta, Advocate [OPUC]
Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT]
One spare copy
MGR,J
DATED:18/01/2021
IA No. 1 OF 2020 IN WP NO: 24513 OF 2020
INTERIM SUSPENSION
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