IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39304 of 2014 Between:
Syed Saleem, S/o. Syed Nazeer, Indian, Aged about 52 years, Resident of V.V. Mahal Road, Tirupati, Chittoor District & 2 others .. Petitioners AND The State of Andhra Pradesh, Rep. by its District Registrar, Stamps and Registration, YSR Kadapa District, Kadapa & another ..
Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39304 of 2014 ORDER:
The petitioners are questioning the action of the Sub-Registrar, Pullampet, Kadapa District (2nd respondent) in keeping the registration of the Sale Deeds executed by their 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 petitioners contend that they are not the parties to the proceedings and no order of injunction is operating against them.
3. Heard the learned counsel for the petitioners 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 petitioners, their 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 petitioners, 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. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 23rd December, 2014 Note: Issue C.C. by 27.12.2014. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39304 of 2014 Date: 23rd December, 2014 KL