The main legal point established in the judgment is that the registration procedure mandated under the Registration Act was followed by the 2nd respondent, and the court emphasized the importance of compliance with the legal provisions.

ORDER

Subba Reddy Satti, J. - The writ petition is filed to declare the action of 2nd respondent in receiving the document represented by the 4th respondent without the knowledge of the petitioner pursuant to the orders passed by the 1st respondent under Section 72 of the Registration Act, 1908 (for short 'the Act') and processing the document for registration, without following the procedure prescribed under Section 32 (a), 58, 59 and 60 of the Act as arbitrary and illegal.

2. Initially, the deceased 1st petitioner filed the writ petition. Pending the writ petition, the sole petitioner died and the petitioners 2 and 3 came on record as legal representatives.

3. a) In the affidavit, it was contended, inter alia, that deceased 1st petitioner is the owner of house bearing No.5-35 admeasuring 1050 SFT together with land an extent of 141.76 square yards and another house with built up area of 403 SFT together with land an extent of 44.77 square yards situated in S.No.794/4. Deceased 1st petitioner is also owner of land admeasuring 99.66 square yards in S.No.796/2. The 4th respondent by creating forged agreement of sale filed suit O.S.No.245 of 2018 on the file of X Additional District Judge, Tirupati seeking specific performance of agreement of contract. In the suit, he filed I.A.No.521 of 2018 to restrain the defendant from alienating the schedule property and the Civil Court granted interim injunction on 01.10.2018.

b) The 4th respondent by giving wrong information took the deceased 1st petitioner to the office of 2nd respondent and obtained signatures and thumb impressions. On noticing the same, she in turn, informed to 2nd respondent about the fraud played by the 4th respondent. The 2nd respondent not inclined to process the sale deed and accordingly, passed refusal order dated 21.12.2018 in the pending document No.1140 of 2018.

c) The 4th respondent filed Appeal No.1 of 2019 before the 1st respondent under Section 72 of the Act. The deceased 1st petitioner appeared before the authority and engaged an advocate. Learned counsel filed vakalat and counter and on 12.03.2019, the advocate for the petitioner sought time to file papers, however, on 13.03.2019, the 1st respondent passed the order allowing the appeal and directed the 2nd respondent to register the document if it is presented within 30 days from the date of order. Aggrieved by the same, petitioner filed W.P.No.3625 of 2019 and the Court suspended the proceedings of 1st respondent dated 13.03.2019. The 1st respondent allowed the appeal on 13.03.2019. The 4th respondent resubmitted the document before the 2nd respondent on 14.03.2019. The 2nd respondent processed the document, registered and released the document on 16.03.2019. Assailing the same, the above writ petition is filed.

4. a) Counter affidavit was filed on behalf of 2nd respondent. It was contended, inter alia, that sale deed dated 12.11.2018 executed by deceased 1st petitioner in favour of 4th respondent in respect of house bearing No.5-35 admeasuring 1050 SFT with an extent of 141.76 square yards and another house with built up area of 403 SFT with land an extent of 44.77 square yards situated in S.No.794/4 of Thukivakam village, Renigunta Mandal and also an extent of 99.66 square yards in S.No.796/2 of the same village. Respondent received the said document and kept the same pending for scrutiny by assigning P.No.1140 of 2018. Upon scrutiny, it was found that injunction was granted by the X Additional District Judge, Tirupati in I.A.No.521 of 2018 in O.S.No.245 of 2018 prohibiting alienation, is pending.

b) As per the Standing Order 219 (b) of Registration Manual part-II the registering officer is estopped from going ahead with the registration, in case of injunction of restraining alienation. Accordingly, 3rd respondent passed the order dated 21.12.2018 under Section 71 of the Act. The 4th respondent filed an appeal under Section 72 of the Act before the 1st respondent on 03.01.2019 and the petitioner filed object