Sri Zafar Ahmed Siddiqui vs Mohd Anwar And 3 Others
2021 Latest Caselaw 2962 Tel

  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.

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

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