Machineni Vishweshwar Rao, v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 23288 of 2016 DATED 8TH AUGUST, 2016 BETWEEN Machineni Vishweshar Rao ....Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, Hyderabad and anr ..Respondents.

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 23288 of 2016 ORDER:

This Writ Petition is filed challenging the orders of second respondent No.Refusal/33 of 2016 dated 20.04.2016 refusing to register the sale deed presented by the petitioner on the ground that the property is covered by the injunction orders of the High Court in CRPMP.No.1546 of 2012 in Civil Revision Petition No. 1147 of 2012.

At the time of hearing the present Writ Petition, it is submitted by learned Counsel for the petitioner as well as learned Government Pleader appearing for the respondents that

the issue involved in the present Writ Petition is squarely covered by the decision of the learned single Judge of this Court in Writ Petition No.9139 of 2012, dated 02.04.2012, wherein it was held as under:

"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.

Therefore the writ petition allowed directing that in case the petitioner, his vendor or vendor's vendor are not parties to the order in C.R.P.No.1147 of 2012, respondent No.2 shall process the document in accordance with law and release the same in favour of the petitioner, within four 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."

Following the order of this Court dated 02.04.2012 made in Writ Petition No. 9139 of 2012 and for the reasons stated therein, the present Writ Petition is disposed of in terms thereof. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

-------------------------------------------------- JUSTICE CHALLA KODANDA RAM

DATED 8TH AUGUST, 2016.

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