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2015 DIGILAW 455 (AP)

PRATHIPATI MANIKYA RAO v. STATE OF ANDHRA PRADESH

2015-07-08

SANJAY KUMAR

body2015
ORDER : SANJAY KUMAR, J. 1. The petitioner assails the action of the registration authorities in refusing to register his sale deed which is kept pending registration as document bearing No. P104/2014. 2. The reason for refusal as set out by the Sub-Registrar, Macherla, in his Intimation of Refusal is that injunction order passed by the learned Junior Civil Judge, Macherla, in O.S.No.12 of 2008 was in operation and therefore the document could not be registered. 3. Sri Vedula Srinivas, learned counsel for the petitioner, states that O.S.No.12 of 2008 on the file of the learned Junior Civil Judge, Macherla, was thereafter dismissed for default by judgment dated 15.04.2013. 4. A copy of the said judgment is also placed on record. The petitioner therefore filed Appeal No. 14 of 2014 before the District Registrar of Assurances, Narasaraopet Registration District, Narasaraopet, wherein he informed the appellate authority of the factum of dismissal of the suit. Surprisingly, the appellate authority, having recorded that there was no injunction operating which restrained the Sub-Registrar, Macherla, from registering the document, stated that there is a dispute over the subject property and in order to contain further legal complications, the decision of the Sub-Registrar, Macherla, should not be interfered with and accordingly dismissed the appeal. 5. The reasoning of the appellate authority is completely unsustainable in law. In the absence of an injunction order from the competent civil court, which was the basis for the original refusal by the Sub-Registrar, Macherla, it is not for the registration authorities to apprehend future civil litigation and on that ground, refuse registration of documents. There is no basis for such refusal in terms of the provisions of the Registration Act, 1908. 6. In that view of the matter, the order dated 23.06.2015 passed by the appellate authority in Appeal No. 14 of 2014 and the Intimation of Refusal of the Sub-Registrar, Macherla, are accordingly set aside. There shall be a direction to the Sub-Registrar, Macherla, to complete the registration formalities in relation to the pending document bearing No. P104/2014 and register and release the same in accordance with the due procedure. 7. The writ petition is allowed. 8. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.