Vangala Chandrakanth Reddy, vs Makireddy Lakshmi Kanth Reddy,
2021 Latest Caselaw 2360 AP

     IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                     &
             HON'BLE MR. JUSTICE NINALA JAYASURYA

                     WRIT APPEAL No.325 of 2021

                    (Taken up through video conferencing)


Vangala Chandrakanth Reddy
S/o. Vangala Nagi Reddy, Hindu,
Employee, Aged 27 years,
R/o. Flat No.104, Badrisetty Apartment,
Balaji Complex, Nandyal,
Kurnool District.                               .. Appellant/
                                                  Third party to writ petition

                                  Versus

Makireddy Lakshmi Kanth Reddy,
s/o. late M.Rami Reddy,
aged 51 years, Agriculturist,
R/o. S.P.Y.Reddy Mandel Colony,
Nandyal Town, Kurnool District
And others.                                     .. Respondents

Counsel for the appellant                 :     Ms. V.Dyumani

Counsel for the respondent Nos.1 to 3     :     Mr. Naram Nageswara Rao
Counsel for the respondent Nos.4 & 5      :     Mr. P.Subash,
                                                G.P. for Revenue

                            ORAL JUDGMENT
                            Date: 05.07.2021

(Arup Kumar Goswami, CJ)

Heard Ms. V.Dyumani, learned counsel for the appellant. Also heard

Mr. Naram Nageswara Rao, learned counsel for respondent Nos.1 to 3/writ

petitioners and Mr. P.Subash, learned Government Pleader for Revenue

appearing for respondent Nos.4 and 5.

2. While granting leave to prefer appeal against the order dated

02.12.2020 passed by the learned single Judge in W.P.No.20639 of 2020,

we had passed the following order dated 22.06.2021 in I.A.No.1 of 2021:

"Heard Ms. V. Dyumani, learned counsel for the

appellant-applicant.

Also heard Mr. Naram Nageswara Rao, learned counsel

for respondent Nos.1 to 3/writ petitioners.

This application is filed for grant of leave to prefer

appeal against the order dated 02.12.2020 passed by the

learned single Judge in W.P.No.20639 of 2020.

It is contended by Ms. V. Dyumani that in respect of

the subject matter in the writ petition, the applicant-appellant

had filed a suit, being O.S.No.89 of 2018, in the Court of the

Principal Senior Civil Judge, Nandyal, and in I.A.No.220 of

2018 filed in the said suit, an injunction order was passed

restraining the writ petitioner Nos.2 and 3 from alienating the

suit property and the said injunction was extended

subsequently. It is contended by her that suppressing the

above facts, the writ petition was filed and on the basis of the

submissions advanced by the writ petitioners, the writ petition

was disposed of directing the Sub-Registrar (respondent No.5

herein) to receive the sale deed submitted by the first writ

petitioner (respondent No.1 herein) for the purpose of

registration.

Considering the matter in its entirety, we are of the

opinion that a case is made out to grant leave to prefer the

appeal.

Accordingly, this application is allowed and disposed of.

Registry will list the appeal along with other I.As. after

ten days for motion hearing."

3. Appellant herein had filed a suit against the writ petitioners No.2 and

3, which was registered as O.S.No.89 of 2018 on the file of Principal Senior

Civil Judge Court, Nandyal in respect of a plot bearing No.173/MIG-II

admeasuring 4 cents 740 sq.links or 229.44 sq. yards in Sy.Nos.2313/C &

2315/1 situated at Nandyal town limits, amongst others, for specific

performance of agreement of sale in respect of the aforesaid property. The

appellant had also filed an application under Order XXXIX Rule 1 of the

Code of Civil Procedure, registered as I.A.No.220 of 2018 in O.S.No.89 of

2018, and the learned Court had passed an order of injunction on

20.04.2018 directing the defendants therein (writ petitioners No.2 and 3 in

the writ petition) restraining them from alienating the suit schedule property

till appearance and filing of counter in that petition. Thereafter, the said

interim order was extended from time to time and the last order annexed to

the appeal shows that the injunction order was extended till 12.05.2021. It

is evident from the affidavit that the defendants therein had filed their

written statement on 06.08.2018 and thus have knowledge of the suit.

4. It appears that the writ petitioner No.1 had filed a suit in O.S.No.734

of 2019 on the file of Principal Junior Civil Judge Court, Nandyal against the

defendants of O.S.No.89 of 2018 (i.e., writ petitioners No.2 and 3) in

respect of the very same property and a settlement Award was passed on

14.09.2019 in Lok Adalat Case No.837 of 2019.

5. The writ petition was filed by the plaintiff of O.S.No.734 of 2019, as

writ petitioner No.1, and defendants in both the suits viz., O.S.No.89 of

2018 and O.S.No.734 of 2019, as writ petitioners No.2 and 3, alleging that

though the Lok Adalat passed an award and the petitioners No.2 and 3 are

ready and willing to register a sale deed in favour of the petitioner No.1, the

Sub-Registrar, Sub Registration Office, Nandyal, Kurnool District refused to

receive and register the sale deed without assigning any reasons.

6. Based on the averments made by the writ petitioners, the learned

single Judge disposed of the writ petition with a direction to the respondent

No.2 therein to receive the sale deed submitted by the petitioner No.1,

register and release the same, if the document is in consonance with the

provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. It

was also observed that if the respondent No.2 refused to register the

document, he has to give reasoned endorsement to the petitioners under

the provisions of Section 71 of the Registration Act, 1908.

7. Ms. V.Dyumani has submitted that the writ petitioners have

suppressed very material facts regarding institution of the suit by the

present appellant in the writ petition and they have abused the process of

law. Even if some settlement was arrived in Lok Adalat Case No. 837 of

2019 arising out of O.S.No.734 of 2019, which is a collusive suit, having

regard to the pendency of the suit filed by the present appellant, wherein,

the learned trial court had also granted injunction restraining the

respondent Nos.2 and 3 (writ petitioners No.2 and 3) from alienating the

property, it was incumbent for them to have mentioned the aforesaid

factual matrix in the writ petition, but in order to frustrate the rights of the

appellant, recourse was taken to this Court on the basis of such suppression

of material facts, as a result of which, the impugned order came to be

passed.

8. Learned counsel for the writ petitioners admits that the writ

petitioners No.2 and 3 were aware of the suit filed by the appellant as well

as the order of injunction that was passed.

9. The jurisdiction under Article 226 of the Constitution of India is

extraordinary, equitable and discretionary and writs are issued for doing

substantial justice. A person who invokes the equitable jurisdiction of this

Court under Article 226 of the Constitution of India, therefore, has to

approach the Writ Court with clean hands and put forth all the facts before

the Court without suppressing or concealing any material. He must make

candid disclosure of all relevant and material facts. If there is no candid

disclosure of relevant and material facts, the same results in abuse of

process of law, thereby polluting the stream of justice. In that event, the

Court may dismiss the petition without entering into the merits of the case.

10. The material on record gives no manner of doubt that the writ

petitioner Nos.2 and 3 had suppressed the material facts going to the root

of the matter. We will not hazard a guess as to whether the petitioner No.1

was aware of the pendency of the suit filed by the present appellant against

the writ petitioners No.2 and 3 as it is not discernable from the material on

record, but there is no scintilla of doubt that the writ petitioners No.2 and 3,

being aware, had not disclosed such material in the pleadings before this

court.

11. Considering the matter in its entirety, we are of the opinion that in

view of suppression of material facts, the writ petitioners are not entitled to

any relief. Accordingly, the order of the learned single Judge is interfered

with and the writ petition is dismissed.

12. Having regard to the facts and circumstances of the case, we impose

a cost of Rs.20,000/- (Rupees twenty thousand only) on the writ petitioners

No.2 and 3 to be deposited before the Andhra Pradesh State Legal Services

Authority, within a period of one month from today.

13. In view of the above, Writ Appeal stands allowed and disposed of.

Pending miscellaneous applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ                               NINALA JAYASURYA, J

GM




     HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA

WRIT APPEAL No.325 of 2021

(Taken up through video conferencing)

05.07.2021

GM