THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35954 of 2014 Dated : 26.11.2014 Between:
Syed Akbar Basha S/o.Baba Saheb, Indian, aged about 35 yrs, R/o.Kodur Village and Mandal, YSR Kadapa District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its District Registrar, Stamps and Registration, Kadapa, Kadapa District & another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35954 of 2014 ORDER :
The petitioner is questioning the action of the Sub-Registrar, Pullampet, Kadapa District (2nd respondent) in keeping the registration of the Sale Deeds executed by his vendors, even after receiving the stamp duty and registration fee.
2. It is stated that the Sub-Registrar is not releasing the documents on the ground that the property in question is the subject matter of C.R.P.No.1147 of 2012. The petitioner contend he is not the party to the proceedings and no order of injunction is operating against him.
3. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents.
4. An order of injunction whether passed in a suit or a petition would operate only against the parties to it. Howsoever proximate or remote a person may be connected to a party to proceeding before a Court, an order passed therein does not bind him, unless he is a party thereto. A learned single Judge of this Court in W.P.No.11560 of 2011 had discussed the matter at some length, and held so.
5. Therefore, the Writ Petition is allowed directing that in case the petitioner, his vendor or vendors are not parties to the order in C.R.P.No.1147 of 2012, the Sub-Registrar, Pullampet, Kadapa District (2nd respondent) shall process the documents in accordance with law and release the same in favour of the petitioner, within four (4) weeks from the date of receipt of a copy of this order. It is also made clear that the registration so made shall not affect the rights of the parties to the revision nor shall it create rights in favour of any persons except the parties to the documents. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO,J 26th November, 2014
Rds