Sri Saraf Alias Toopran ... vs The State Of Telangana
2023 Latest Caselaw 3810 Tel

     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