In an interim application under Section 151 CPC, the High Court directed the Sub Registrar to register and release a pending sale deed subject to adherence to registration and stamp duty laws.
Registration and release of pending sale deed No. P8312021, dated 22-4-2021, as provisional and subject to the outcome of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3r67 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD ..-
TUESDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE//
:PRESENT:
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY ,/
lA No. 1 OF 2021 IN WP NO: 130ss OF 2021
Between:
Vaddi Venugopal Reddy, S/o Late V.Veera Reddy
...Petitioner (Petitioner in WP 13055 OF 2021 on the flle of High Court)
AND
... Respondents (Respondents in-do-)-
Counsel for the Petitioner : Sri VENUGOPAL JULAKANTI.' Counsel for the Respondent Nos.1,2,3 & 6: GP FOR REVENUE/ Counsel for the Respondent NOs.4 & 5 : GP for Education./
Counsel for the Respondent NO.7 : Sri K. Jagan Mohan Reddy ,--
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the 3rd respondent herein to register and release the Sale Deed i.e., Pending Document No. P8312021 , dl. 22-4-2021 , by suspending the Refusal Order No.52l2021, vide Letter No. 14712021 , dt.22-4-2021 including the letter rssued by the 2nd respondent vide C&l.G memo No. G11226312014, Dt 251912014, Pending disposal of WP No. 13055 ot 2021 , on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following.(The receipt of this order will be deemed to be the receipt of noticein the case).
ORDER:
Learned counsel for the petitioner submits that in similar circumstances, this Court has granted interim orders in l.A.No.1 of 2021 in W.P. No.4004 of 2021 dated 24.09.2021.
The above said position is not disputed by the learned Government Pleader for Revenue.
ln view of the same and for the reasons alike in the order dated 24.09.202'l, the third respondent is directed toprocess, registerand release the document vide No.P83/2021, dated 22.04.2021,presented by thepetitioner, without reference to the refusal order, dated 22.04.2021, subject tothe petitioner complying withthe provisions of the lndian Registration Act, 1908, and lndian Stamps Act, 1899. However, the petitioner shall incorporate a clause in the documentsoughtto be registered to the effect that the vendee of the documentis aware of the present Iitigation and the registration of the document is subject tothe finalresult of the
present writ petition. lt is made clear that any such registration shall be treated as a provisional one and mere registration of the document does not confer any title to the property. The petitioner or his vendees shall not claim equities in case any adverse orders are passed.
Registry shall make an endorsement on the writpetition to the effect that the same shall not be permitted to be withdrawn.
sD/- v.suDHA
ASSISTANTREGISTRAR ,TRUE COPY//
SECTION OFFICER'f-'----
To,
m1'l
HIGH COURT
AAR,J
DATED:0511012021
ORDER
r.A.NO.1 0F 2021 IN
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WP.No.13055 of 2021
DIRECTION
3 issues framed by the court
Whether to grant interim direction to register and release a pending sale deed under Section 151 CPC pending disposal of the underlying writ petition.
Whether registration of the document shall be treated as provisional and without conferring any title to the property.
Whether the document sought to be registered should contain a clause acknowledging the pendency of litigation and its results affecting the registration.
3 provisions across 3 enactments
Vaddi Venugopal Reddy
The State Of Telangana
The Sub Registrar, Shameerpet SRO
Sri Seetarama Swamy Temple
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
