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High Court for State of TelanganaWP/42257/2015disposed of no costs

B. Ravindra Naik, S/O Sri B. Krishna Naik, v. The State Of A.P.

2015-12-29Vilas V.Afzulpurkar4 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.42247 OF 2015, W.P.No.42251 OF 2015, W.P.No.42254 OF 2015, AND W.P.No.42257 OF 2015 COMMON ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

The petitioners in all these writ petitions purchased their respective properties from one R. Afzal Basha, who is impleaded as defendant No.14 in O.S.No.115 of 2014 pending before the II Additional District Judge, Madanapalle, Chittoor District. The document presented by the petitioners, however, stated to have been refused to receive and register by the 2nd respondent on the ground of existence of injunction from the Civil Court in the said suit.

Learned counsel for the petitioners placed the copy of the plaint in the said suit as well as the copy of the order of interim injunction in I.A.No.1106 of 2011 in O.S.No.115 of 2011, dated 26.11.2014 and submits that the said injunction is only against the 5th respondent and not with respect to other defendants. In view of that the petitioners are at liberty to present the document before the 2nd respondent, who shall receive and process the same subject to satisfaction that there is no injunction against the vendors of the petitioners in the said civil suit. If the document so presented, after verification, found to be inconformity with the Stamp Act and the Registration Act, the 2nd respondent shall register and release the same in accordance with law and if the 2nd respondent is not so satisfied, he is at liberty to pass appropriate

orders under Section 71 of the Registration Act. With the above directions, these writ petitions are disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 29.12.2015 kvrm THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.42247 OF 2015, W.P.No.42251 OF 2015, W.P.No.42254 OF 2015, AND W.P.No.42257 OF 2015 DATE: 29.12.2015

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