M/S Prime Properties v. Sana Lakshmi Devi

The Hon'ble Sri Justice Raghvendra Singh Chauhan and The Hon'ble Sri Justice M.Satyanarayana Murthy W.A.No.935 of 2018 Date: 10.12.2018 Judgment: (per Hon'ble Sri Justice Raghvendra Singh Chauhan) M/s.Prime Properties i.e., the appellant-respondent No.5 is aggrieved by Order, dated 06-07-2018, in IA.No.1 of 2018, in WP.No.22896 of 2018, whereby the learned Single Judge has directed the parties to continue to maintain status quo as existed on 05.07.2018 till 23.07.2018.

Briefly stated, respondent Nos.1 to 7-writ petitioners have filed the aforesaid Writ Petition wherein they have claimed that registration of the document made by respondent Nos.2 to 4 in respect of the land situated in Survey No.1007 of Kukatpally Village, Balanagar Mandal, Malkajgiri, Medchal District, was contrary to Section 22-A of the Registration Act, 1908. Taking this plea on a priority basis, the learned Single Judge has passed the impugned order.

Although the learned Counsel for the appellant has pleaded that this Court should direct respondent Nos.2 to 4 to consider whether registration of the subject document is in violation of Section 22-A of the Act or not, the said plea cannot be accepted by this Court for two reasons; firstly, for such a plea would make the

RSC, J & MSM, J WA.No.935 of 2018 Dt: 10.12.2018 entire Writ Petition filed before the learned Single Judge an academic exercise and secondly, since the matter is already subjudice, it would be in the interests of justice for the learned Single Judge to apply his mind to the legal issue raised by the petitioner lest directing respondent Nos.2 to 4 to decide the said issue.

Since merely an order of status quo has been passed, the same cannot be faulted by this Court. However, the appellant is free to make a request, to the learned Single Judge, to decide the case within a reasonable time. In such an eventuality, the learned Single Judge is requested to decide the case as expeditiously as possible. With the above directions, this Writ Petition stands disposed of.

Consequently, Miscellaneous Petitions, pending if any, stand disposed of as infructuous.

___________________________ (Raghvendra Singh Chauhan, J) _________________________ (M.Satyanarayana Murthy, J) Dt: 10th December, 2018 lur