Disposed

Davuluri Lakshmi Surya Prasad v. Government of Andhra Pradesh

Telangana HC23 Apr 2014WP/6078/2014

Case brief

AI extract

What is this about?

The writ petition filed against the refusal to register a sale deed was disposed of on joint submissions of both parties. The Sub Registrar was directed to release the registered sale deed, and status quo regarding possession and alienation was maintained pending a civil suit.

What did the court decide?

Directed the 2nd respondent to release the regular sale deed dated 4.3.2014.

Davuluri Lakshmi Surya Prasad Vs Government of Andhra… — Property and Title | Telangana HC (2014)

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HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.6078 OF 2014

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Date: 23.04.2014

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Between : Davuluri Lakshmi Surya Prasad, s/o.Sri Davuluri Ramachandra Prasad Choudary, Aged about 45 yrs, Occu;Business, r/o.H.No.5-91-10/2, 4^th Line, Lakshmipuram, Guntur City, Guntur District.

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… Petitioner

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and Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue, Secretariat, Hyderabad and others.

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… Respondents

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The Court made the following:

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HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.6078 OF 2014

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ORDER:

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With the consent of learned counsels appearing for both parties, the writ petition is taken up for disposal at the stage of admission.

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2. Petitioner presented deed of cancellation of agreement of sale cum General Power of Attorney on 21.10.2013. It was assigned P No.1/2014 and kept pending. On 28.2.2014, the Sub Registrar (second respondent) passed order of refusal to register the document and intimated to the petitioner. Against the order of refusal passed by the 2^nd respondent dated 28.02.2014, this writ petition is instituted. By order dated 4.3.2014 made in WPMP No. 7558 of 2014 parties were directed to maintain status quo with reference to disputed property.

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3. Learned counsel for respondents 4 and 5 submits that respondents presented documents for registration of sale deed on 4.3.2014 and document was already registered but was not released as order of status quo was passed by this Court and, therefore prays to vacate the interim order and issue direction to the 2^nd respondent to release the document. Learned counsel for the respondents 4 and 5 further submits that petitioner filed O.S.No.85 of 2014 concerning the same property which is pending on the file of II Additional District Judge, Guntur. Petitioner filed I.A.No.165 of 2014 seeking injunction against creating charge or alienating the property and on the same issue the writ petition is not maintainable.

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3. Learned counsel for petitioner while agreeing to release the document which is already registered, prays to direct respondents to maintain order of status quo obtaining as on today as with reference to the possession and further alienation till the disposal of I.A.No.165 of 2014 pending on the file of II Additional District Judge, Guntur. Learned counsel for respondents 4 and 5 agree for the said suggestion of learned counsel for petitioner.

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4. Having regard to the submissions made, the writ petition is disposed of leaving it open to petitioner to prosecute O.S. No. 85 of 2014 including I A No. 165 of 2014 on the file of the Court of II Additional District Judge, Guntur. As agreed by both sides, both parties shall maintain status quo as with reference to the possession and further alienation of the property till disposal of I.A.No.165 of 2014 by the II Additional District Judge, Guntur. The 2^nd respondent is directed to release the regular sale deed dated 4.3.2014 presented by the respondents 4 & 5. No costs.

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Miscellaneous petitions if any pending in this writ petition shall stand closed.

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____________________________ JUSTICE P. NAVEEN RAO

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Date: 23.04.2014 kkm

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Oval: 

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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Writ Petition No.6078 of 2014

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Date: 23-04-2014

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kkm

Davuluri Lakshmi Surya Prasad v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Davuluri Lakshmi Surya Prasad v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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