Mohd.Yousuf, v. The Indian Overseas Bank,

[ 2s86 ] HIGH COURT FOR THE STATE OF'TELANGANA AT HYDERABAD WEDNESDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINETEEN :PRESENT:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO I t', 'D R A IA No. I OF 2019 IN WP NO: 14000 OF 2019 Between:

1. Smt. K. Premalatha, Wife of Sri K. Prathap Reddy,

2. K.Karunakar Reddy, S/o. Sri K. Prathap Reddy,

...Petitioners

(Petitioners in WP 14000 of 2019 on the file of High Court) AND I . The State of Telangana, Represented by its Principal Secretary, Revenue Department (Registration and Stamps), Secretariat, Hyderabad.

2. The Commissioner and Inspector General, Registration and Stamps, Hyderabad.

3. The District Registrar, Registration and Stamps Department, Hyderabad District.

4. The Sub-Registrar, Secunderabad (R and S) Department, at H.No. 6-6-1141F, Yashwanth Rao Nilayam, Kavadiguda, Secunderabad-500080

...Respondents

(Respondents in-do-) Counsel for the Petitioncrs SRI V.RAMAKRISHNA REDDY Counsel for the Respondents GP FOR REVENUE Petition under Section 151 of CPC, praying that in the circumstances stated in the affidavit filed in Writ Petition, the High Court may be pleased to direct the 4th respondent to forthwith register the Sale Deed in respect of the properties comprising of i) Unit No. G-F/C, Ground Floor with a super built up area admeasuring 1249 Square Feet, ii) Unit No. T-F/A, Third Floor with a super built up area admeasuring 1642 Square Feet, iii) Unit No.T-F,ts, Third Floor with a super built up area admeasuring 1642 Square Feet and iv) Unit No. G-F/B, Ground Floor with a super built up area admeasuring 673 Square Feet, out of the total super built up area admeasuring 19704.0 Sft., along with undivided share of land admeasuring 51.

50 Sq. Yards, 67.66 Sq. Yards, 67.66 Sq. Yards and 27.76 Sq. Yards respectively from out of the total land admeasuring 812.00 Square Yards, which include car parking spaces, common areas, amenities etc., in the Commercial Complex bearing Municipal Nos.6- i -28415 , 6l-2841511, 6-1-2841512, 61-2841513, 6-1-2841514, situated at Padmaraonagar, Secunderabad, pending disposal of WP No. 14000 of 2019, on the file ofthe High Court.

The cou( 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 ofnotice in the case). ORDER:

"Reason assigned by the Sub Registrar to refuse to rcgister the document presented for registration by petitioner is that property is covered by stay granted by Judge, Commercial Court cum XXIV Additional Chief Judge, City Civil Court in C.O.P. No. 3 of 2018. Howevcr, aggrieved by the order passed in C.O.P. No. 3 of 2018, Commercial C.A. No. 58 of 2018 was instituted in this Court and Division Bench of this Court by order dated

25.4.2019 suspended the judgment in C.O.P.No. 3 of 2018. Though, this fact is within the knorvledge of Sub Registrar, he ignores the same and rejects the document for registration referring to the judgment in C,O.P.No. 3 of 2018. Prima facie, said decision is not valid in larv. The Sub Registrar could not have rejected the document for registration on that ground.

The Sub Registrar-4th respondent is directed to process the deeds of conveyance without reference to the objection raised on 27,6.2019, if otherwise in order. Any such registration shall abide the result of the writ petition and without prejudice to the claim of petitioner in C.O.P No, 3 of 2018 on the file of Commercial Court cum XXIV Additional Chief Judge, City Civil Court."

SD/. N.PURUSHOT M REDDY ASSISTANT RE TRAR //TRUE COPY/i . r'v "- REGISTRAR To,

1. The Principal Secretary, Revenue Department (Registration and Stamps), State of Telangana, Secretariat, Hyderabad.

2. The Commissioner and Inspector General, Registration and Stamps, Hyderabad.

3. The District Registrar, Registration and Stamps Department, Hyderabad District.

4. The Sub-Registrar, Secunderabad (R and S) Department, at H.No. 6-6-114/F, Yashwanth Rao Nilayam, Kavadiguda, Secunderabad-50008O (Addressees 1 to 4 BY RPAD)

5. Two CCs to GP for Revenue, High Court of Telangana, at Hyderabad (OUT)

6. one CC to Sri V. Ramakrishna Reddy, Advocate (OPUC)

7. one Spare Copy For ASSIS

IIIGH COUITT'

PNR,J 't> --- DATE: l0-07-20|l

ORDER

I.A.NO.l 0F 2019 IN wP. NO. 14000 (]F 2019 't;

P '.,&- DIRECTION ,t, $ ,i-1 tl.

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