Allowed

American Baptist Foreign Mission Society, v. District Registrar of Assurances

Telangana HC21 Sept 2013WP/16477/2013

Case brief

AI extract

What is this about?

The court disposed of a writ petition sought for registration of documents relating to deleted land in a pending litigation. It directed the Sub-Registrar to process documents for land excluded from the pending suit schedule, ensuring it matches the amended extent, without violating existing status quo orders covering other land.

What did the court decide?

Directed the Sub-Registrar, Janagaon, to receive, process, and complete registration formalities for documents relating to the deleted extent of 5.20 guntas in Survey No. 89, ensuring they align with

American Baptist Foreign Mission Society, Vs District… — Property and Title | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.16477 of 2013

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Date: September 21, 2013

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Between:

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American Baptist Foreign Mission Society, ABFMS, Janagaon Town, Warangal District, Rep. by its Joint Power of Attorney holder Mamidi Lazar. … Petitioner

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And

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1. District Registrar of Assurances, Warangal & 2 others. … Respondents

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.16477 of 2013

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O R D E R:

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The American Baptist Foreign Mission Society, Warangal District, the petitioner herein, is aggrieved by the Memo dated 22.05.2013 issued by the District Registrar of Assurances, Warangal, basing on which the Sub-Registrar, Janagaon, Warangal District, refused to receive and register the documents presented by it relating to the lands in Survey Nos.87, 88, 89 and 15 of Janagaon Town, Warangal District.

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2. Perusal of the impugned Memo dated 22.05.2013 reflects that the District Registrar, Warangal, taking note of the status quo order passed by the learned II Additional District Judge, Warangal, in O.S. No.108 of 2011 (wrongly shown as O.S. No.10 of 2011) and the litigation pending in O.S. No.16 of 2003 before the learned

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Senior Civil Judge, Warangal, directed the Sub-Registrar, Janagaon, to respect the status quo order and not to entertain any documents for registration relating to the suit schedule property in O.S. No.108 of 2011.

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3. Sri Vedula Srinivas, learned counsel for the petitioner society, now states that his client, being the plaintiff in O.S. No.108 of 2011, moved I.A. No.613 of 2013 therein for amendment of the plaint schedule. The learned counsel states that the said I.A. was allowed by the trial Court on 16.07.2013. A copy of the said order is also placed on record. By virtue of this order, the plaint schedule in O.S. No.108 of 2011 stands amended and an extent of Ac.5.20 guntas has been deleted from the plaint schedule property. The details of the land so deleted in Survey No.89 of Janagaon Village are set out in para 5 of the affidavit filed in support of I.A. No.613 of 2013 in O.S. No.108 of 2011.

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4. Sri Vedula Srinivas, learned counsel, states that the petitioner society now seeks to alienate the land which falls within this deleted extent of Ac.5.20 guntas in Janagaon Village and Mandal, Warangal District. As the said land is no longer covered by the litigation in O.S. No.108 of 2011, wherein status quo orders are holding the field, it would not be subject to the same and no prohibition would operate as to registration of this land in terms of the said orders. Admittedly, no orders have been passed in the other litigation which is pending before the learned Senior Civil Judge, Warangal, in relation to this land.

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5. In the light of this later development, the Memo dated 22.05.2013 issued by the District Registrar, Warangal, would have no application to the deleted extent of Ac.5.20 guntas in Survey No.89 of Janagaon Village and Mandal, Warangal District. The

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Sub-Registrar, Janagaon, is accordingly directed to receive and process the documents presented by the petitioner society relating to this land ensuring that the land proposed to be alienated thereunder tallies with the deleted extents as set out in para 5 of the affidavit in I.A. No.613 of 2013 in O.S. No.108 of 2011. In the event the documents are otherwise found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1889, the Sub-Registrar, Janagaon, shall complete the registration formalities and release the documents in accordance with the due procedure.

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6. The writ petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

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___________________ SANJAY KUMAR, J

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Date: September 21, 2013. BSB

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.16477 of 2013

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Date: September 21, 2013

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BSB

American Baptist Foreign Mission Society, v. District Registrar of Assurances

Case brief

What is this about?

What did the court decide?

American Baptist Foreign Mission Society, v. District Registrar of Assurances

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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