IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16921 of 2014 Between:
M/s. Varsha Viswanath Properties Private Limited, Having its Office at D.No.19-3-13/9, 3rd Floor, Ramanuja Circle, Tiruchanoor Road, Tirupathi, Chittoor District, Rep. by its Managing Director, Sri K. Viswanatha Naidu.
.. Petitioner AND Sub-Registrar, Pullampet Village and Mandal, Kadapa District & another .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16921 of 2014 ORDER:
The petitioner is questioning the action of the Sub-Registrar, Pullampet, Kadapa District (1st respondent) in keeping the registration of the sale deed, dated 24.10.2011, executed by its vendor, pending even after receiving the stamp duty and registration fee.
2. It is stated that the 1st respondent is not releasing the document on the ground that the property in question is the subject matter of C.R.P.No.1147 of 2012. The petitioner contends that it is not a party to the proceedings and no order of injunction is operating against it.
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, its vendor or vendor’s vendor are not parties to the order in C.R.P.No.1147 of 2012, the Sub-Registrar, Pullampet, Kadapa District (1st respondent) shall process the document in accordance with law and release the same in favour of the petitioner, within a period of 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 document. 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: 20th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16921 of 2014 Date: 20th June, 2014 KL