A two-judge bench in Writ Appeal No.1426 of 2012 disposed of the appeal granted liberty to the appellant to approach the Civil Court on necessary submission, leaving no substantive legal proposition.
Liberty granted to the appellant to approach the appropriate forum (Civil Court) as advised.
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HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.1426 OF 2012
Dt: 20-11-2012.
Between:
BELLAPUKONDA HARI .. APPELLANT AND
BELLAPUKONDA MAYURI AND OTHERS .. RESPONDENTS
HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.1426 OF 2012
JUDGMENT: (Per THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)
This writ appeal is filed aggrieved by an order of the Hon’ble single Judge dated 7th October, 2012 passed in W.P.No.23802 of 2012, which was filed by the writ petitioner praying to issue a Writ of Mandamus declaring the action of the 3rd respondent in entertaining and registering the cancellation deed dated 15.10.2009 bearing document No.2658 of 2009 as illegal, arbitrary, contrary to the provisions of Registration Act, 1908 and rules made there under and consequently declare the registered cancellation deed dated 15.10.2009 bearing document No.2658 of 2009 registered in the office of the 3rd respondent as illegal, arbitrary and void ab-initio.
The Hon’ble single Judge, after hearing learned counsel appearing for the parties came to the conclusion that the impugned cancellation deed dated 15.10.2009 as illegal and inoperative.
Being aggrieved and dissatisfied with the said order the 4th respondent/writ petitioner has filed this writ appeal.
Heard learned counsel appearing for the parties and perused the record.
Learned counsel appearing for the appellant fairly submitted that he only prays for liberty to apply before the Civil Court subject to the provisions of other laws.
In view of such submission, liberty is granted to the appellant to take
necessary steps, as may be advised in accordance with the provisions of law, before the appropriate forum.
The writ appeal is disposed of on the above terms.
( PINAKI CHANDRA GHOSE, ACJ )
( VILAS V.AFZULPURKAR,
J )
Dt: 20-11-2012.
TNB
Bellapukonda Hari
Bellapukonda Mayuri
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
