Telangana High Court
Smt. Bachu Sudharani And Another vs The State Of Telangana And 4 Others on 8 April, 2025
1
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W.P.Nos.8508 of 2020 and 25229 of 2023
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION Nos.8508 of 2020 and 25229 of 2023
COMMON ORDER:
Since both these writ petitions arise out of the
same suit schedule property, they are being disposed of
by this common order.
2. In W.P.No.8508 of 2020, the petitioners are
questioning the action of the respondent No.2 i.e, Sub-
Registrar, in trying to register the document purported
to be a will deed executed by Smt K. Pushpavathi by
forging her signature in favour of the respondent Nos.4
and 5 without considering the representation
dated 09.12.2019 as illegal and arbitrary.
3. In W.P.No.25229 of 2023, the petitioner is
questioning the action of the respondent No.3 in issuing
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W.P.Nos.8508 of 2020 and 25229 of 2023
the order of Intimation of Refusal No.41/2023
dated 26.07.2023 in terms of Section 22(A) of
Registration Act, 1980 in thereby refusing to register
and release the pending registration of Document
No.P.152/2023 dated 20.07.2023 pertaining to the
petitoner's property i.e., residential house No.03-180
(PTIN.1150200884) admeasuring 142.0 sq. yards or
equivalent to 118.71 sq. mtrs with plinth area 455.0 sft
covered under Block No.03 and Ward No.01 situated at
Suraram Colony, Suraram Village, Qutubullapur
Mandal, Medchal-Malkajgiri District, Telangana State,
on the ground of pendency of W.P.No.8508 of 2020
before this Court.
4. For the purpose of narrating the facts,
W.P.No.25229 of 2003 is being taken as a lead case.
5. Heard learned counsel for the petitoner, learned
Assistant Government Pleader for Stamps and
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W.P.Nos.8508 of 2020 and 25229 of 2023
Registration and learned counsel for the respondent
Nos.6 and 7.
6. Learned Counsel for the petitoner submits that the
petitoner has purchased the property i.e., house
bearing No.3-180 admeasuring 142.0 sq. yards or
118.71 sq. meters with plinth area of 310 sq. feet and
145 sq. feet (RCC) situated at Suraram Colony,
Suraram Village, Qutubullapur Mandal and
Municipality, Medchal-Malkajgiri District, from the
respondent Nos.4 and 5 as they were declared as
absolute owners of the said property through the
Judgment and Decree passed in O.S.No.304 of 2022 on
the file of III Additional Junior Civil Judge-cum-X
Additional Metropolitan Magistrate, Cyberabad at
Medchal, dated 29.11.2022 in their favour by virtue of
will deed executed by Smt K. Pushpavathi on
22.06.2019. He further submits that the respondent
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W.P.Nos.8508 of 2020 and 25229 of 2023
Nos.4 and 5 have filed O.S.No.304 of 2019 on the file of
Additional Junior Civil Judge, Medchal-Malkajgiri
District at Medchal and subsequently it was transferred
and renumbered as O.S.No.304 of 2022 on the file of II
Junior Civil Judge at Medchal and the same was
decreed in favour of the respondent Nos.4 and 5 on
29.11.2022. Thereafter, the petitoner has purchased
the suit schedule property and paid advance amount to
the respondent Nos.4 and 5 and executed the
documents and approached the respondent No.3 by
paying requisite fee for registration on 20.07.2023, and
the same was given registration document No.P-
152/2023. Thereafter, the petitioner has received the
letter of Intimation of Refusal No.41 of 2023
dated 26.07.2023 issued by the respondent No.3 on the
ground that W.P.No.8508 of 2020 is pending before this
Court with regard to the same suit schedule property.
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W.P.Nos.8508 of 2020 and 25229 of 2023
7. Learned Counsel for the petitioner further submits
that the impugned order passed by the respondent No.3
is contrary to Section 22-A of the Registration Act, 1980
as it was issued in view of pendency of W.P.No.8508 of
2020 and without application of mind and void in law
and requested to set aside the impugned refusal order
by directing the respondent No.3 to register and release
the pending registration of document of the petitoner.
8. Learned Counsel for the petitoner has relied on
the following Judgment:-
1. Kunchanapalli Mysooraiah vs. Sub-Registrar1
9. Learned Counsel for the respondent Nos.6 and 7
submits that the respondent No.3 has rightly passed
the impugned refusal order for registration of the
document in view of pendency of W.P.No.8508 of 2020
filed by the respondent Nos.6 and 7. He submits that
1 2005(5) ALT 616
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W.P.Nos.8508 of 2020 and 25229 of 2023
the respondent Nos.4 and 5 without any valid title and
basing on the forged will deed allegedly executed by
Smt K. Pushpavathi are trying to register the document
and the registering authorities cannot register the
document basing on the said will deed. He further
submits that in fact late K. Pushpavathi had executed
the will deed in favour of the respondent Nos.6 and 7 on
22.02.2019 before the Notary public and the
respondent Nos.6 and 7 are in possession of the
property and after the death of Smt K. Pushpavathi, the
respondent Nos.4 and 5 are trying to interfere with their
possession and the respondent Nos.6 and 7 have filed
criminal case against them and also filed W.P.No.8508
of 2020. In view of the same, the registering authorities
cannot register the document of the suit schedule
property in favour of the psetitoner in W.P.No.25229 of
2023 or others basing on the document executed by the
respondent Nos.4 and 5 herein and requested to
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W.P.Nos.8508 of 2020 and 25229 of 2023
dismiss the writ petition and allowed W.P.No.8508 of
2020 by directing the registering authorities not to
execute the document for the suit schedule property.
10. Learned Assistant Government Pleader for Stamps
and Registration submits that in view of pendency of
W.P.No.8508 of 2020, the respondent No.3 has passed
the impugned refusal order rejecting the registration of
the document and requested to pass appropriate
orders.
11. After hearing both sides and perusal of the record,
this Court is of the considered view that originally the
suit schedule property belongs to late Smt K.
Pushppavathi. The respondent Nos.4 and 5 and the
respondent Nos.6 and 7 herein are relatives of late Smt
K. Pushpavathi. The respondent Nos.4 and 5 herein
have filed O.S.No.304 of 2019 on the file of Additional
Junior Civil Judge, Medchal-Malkajgiri District against
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W.P.Nos.8508 of 2020 and 25229 of 2023
the respondent Nos.6 and 7 and the Sub-Registrar,
Quthbullapur for declaration to declare them as sole
joint owners and possessors of the suit schedule
property. The said suit was transferred to the Court of
III Additional Junior Civil Judge-cum-X Additional
Metropolitan Magistrate, Cyberabad at Medchal and
renumbered as O.S.No.304 of 2022 and the same was
decreed in favour of the respondent Nos.4 and 5 on
29.11.2022. Pending the said suit, the respondent
Nos.6 and 7 herein fled W.P.No.8508 of 2020 seeking to
direct the Sub-Registrar not to register any document
basing on the will deed executed by late Smt K.
Pushpavathi, but nowhere mentioned about filing of the
suit by the respondent Nos.4 and 5 herein.
12. The respondent Nos.6 and 7 have stated that said
late K. pushpavathi had executed the will deed in their
favour on 22.02.2019, but failed to approach the
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W.P.Nos.8508 of 2020 and 25229 of 2023
competent Civil Court for declaration. On the other
hand, the respondent Nos.4 and 5 have approached the
competent Civil Court impleading the respondent Nos.6
and 7 as the defendant Nos.1 and 2 in O.S.No.304 of
2019 and subsequently renumbered as O.S.NO.304 of
2022. In spite of filing of writ petition along with the ex
parte decree, the respondent Nos.6 and 7 have not
taken any steps to set aside the said Judgment and
Decree. It clearly shows that the respondent Nos.6 and
7 without approaching the competent civil Court for
declaration of title and possession have filed this writ
petition before this Court for not to register any
document basing on the will deed executed by Smt K.
Pushpavathi in favour of the respondent Nos.4 and 5.
After filing W.P.No.8508 of 2020, the suit for
declaration was decreed in favour of the respondent
Nos.4 and 5 for suit schedule property and in view of
the same, the registering authorities cannot refuse to
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W.P.Nos.8508 of 2020 and 25229 of 2023
register the document basing on pendency of
W.P.No.8508 of 2020. The Judgment relied on by the
learned counsel for the petitoner in Kunchanapalli
Mysooraiah's case (supra 1) squarely apply to the
instant case.
13. The W.P.No.8508 of 2020 filed by the respondent
Nos.6 and 7 has become infructuous as the same issue
was considered by the competent Civil Court and
passed Judgment and Decree in O.S.No.304 of 2022 on
the file of III Additional Junior Civil Judge-cum-X
Additional Metropolitan Magistrate, Cyberabad at
Medchal dated 29.11.2022 in favour of the respondent
Nos.4 and 5 in W.P.No.25229 of 2023. In view of the
same, W.P.No.8508 of 2020 is dismissed as
infructuous.
14. In view of the above findings, W.P.No.25229 of
2023 is allowed by setting aside the order of Intimation
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W.P.Nos.8508 of 2020 and 25229 of 2023
of Refusal No.41 of 2023 dated 26.07.2023 passed by
the respondent No.3 and the respondent No.3 is
directed to register and release the pending registration
of Document No.P.152/2023 dated 20.07.2023 in
favour of the petitioner in respect of the suit schedule
property within four (4) weeks from the date of receipt
of a copy of this order. No order as to costs.
15. Miscellaneous applications, if any pending in
these writ petitions, shall stand closed.
_______________
K. SARATH, J
Date:08.04.2025
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