IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD, J.
Bandi Anasuyamma – Appellant
Versus
State of Andhra Pradesh and others – Respondent
WP No.2414 of 2025
Decided on : 30-01-2025
| Table of Content |
|---|
| 1. petitioner's right to sell the land after suit dismissal. (Para 2 , 3 , 4 , 5 , 6) |
| 2. effect of interim injunction merges with dismissal. (Para 7 , 8) |
| 3. precedent on interim orders after suit dismissal. (Para 9 , 10 , 11) |
| 4. court directs authorities to process registration. (Para 12 , 13 , 14) |
JUDGMENT :
1. Heard Sri R. Satish Babu, learned Counsel for the writ petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration.
2. The prayer sought in the present writ petition is as follows :
3. It is the case of the writ petitioner that, one Sri R. Manjunatha Reddy had filed a Suit alongwith two other plaintiffs on the file of Principal Civil Judge (Junior Division), Madanapalle in OS No.295 of 2023 seeking relief of Permanent Injunction in respect of Suit Schedule Property in Sy.No.141/A2A of an extent of Ac.1.60 cents and in Sy.No.141/A2E of an extent of Ac.0.60 cents, Pothabolu Village, Madanapalle Mandal. Writ petitioner herein is the sole defendant in the said Suit.
4. The plaintiffs in OS No.295 of 2023 have filed IA No.652 of 2023 seeking Interim Injunction against the defendant (writ petitioner herein) not to alienate the Suit Schedule Property. Vide, order dated 19.04.2023, the Principal Civil Judge (Junior Division), Madanapalle was pleased to grant an order of Interim Injunction. It is the submission of the learned Counsel that on the strength of the Interim Injunction, the official respondents have placed the Suit Schedule Property in the Dispute Register. Subsequently, by an order of the Principal Civil Judge (Junior Division), Madanapalle, the suit bearing OS No.295 of 2023 came to be "dismissed as not pressed", vide order dated 10.01.2025 on account of an out of Court settlement/compromise between the parties.
5. Learned Counsel for the writ petitioner would submit that the certified copy of the order has not been issued by the Court. He has placed on record the status on the website indicating the nature of disposal as "Dismissed as not Pressed" on 10.01.2025 (Ex.P4).
6. Learned Counsel for the writ petitioner would submit that after the dismissal of the suit as not being pressed on 10.01.2025, the writ petitioner has desired to sell away the suit schedule land. When the writ petitioner had approached the respondent Nos.5 & 6 herein (District Registrar, Rayachoti and Sub-Registrar, Madanapalle respectively), the writ petitioner was informed that the Suit Schedule Property is placed in the Dispute Register on account of an interim injunction passed by the Principal Civil Judge (Junior Division), Madanapalle in IA No.652 of 2023 in OS No.295 of 2023, and therefore, the subject property cannot be registered.
7. Having regard to the facts narrated hereinabove, it is noticed by this Court that the interim injunction order passed by the Principal Civil Judge (Junior Division), Madanapalle, does not subsist now, inasmuch as the interim injunction has got merged with the final order of dismissal of the suit "as not being pressed".
8. Having regard to the fact that the Interim Injunction dated 19.04.2023 got merged with the final order of the dismissal of the suit, it has to be deemed in law that any charge laid a
Dismissal of a suit nullifies any interim injunction, requiring authorities to process related property transactions according to law.
Court under Article 226 of the Constitution has the power to render “substantial justice” between the parties. Due to the “closing” of the application, the plaintiff's rights cannot be defeated.
The trial Court exceeded its jurisdiction by issuing directions beyond the application’s scope, but the status quo regarding the property must be maintained until the main suit is resolved.
The central legal point established is that the 3rd respondent should adhere to court orders and standing orders, and should not entertain registration in violation of interim orders.
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