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2024 Supreme(AP) 1502

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

Advocates:
Advocate Appeared:
For the Appellant : Ramineni Satish Babu
For the Respondent: Government Pleader for Revenue and Government Pleader for Registration and Stamps

Dismissal of a suit nullifies any interim injunction, requiring authorities to process related property transactions according to law.

Headnote:(A) Registration Act, 1908 - Section 71 - Interim Injunction and its effects - Dismissal of suit as not pressed leads to the extinguishment of any interim order related to the case. Court directed to process the sale deed for land in dispute. (Paras 8, 11, 12)

(B) Jurisdiction and authority of revenue officials regarding disputed property - Once the suit is dismissed, entries concerning injunctions in the Dispute Register lose validity. The Court's jurisdiction confirms this legal position. (Paras 9, 10)

Facts of the case:
The petitioner sought a market value certificate for certain lands which were placed in a Dispute Register due to an interim injunction in a related suit, latter dismissed as not pressed.

Findings of Court:
The Court found that the dismissal of the suit nullifies the interim injunction thus allowing the property to be processed as per law.

Issues: The court addressed whether the interim injunction should continue post dismissal of the suit and the authority of revenue officials to act upon such injunctions.

Ratio Decidendi: The Court held that once a suit is dismissed, all interim orders cease to exist, establishing that the Dispute Register should reflect the current status of the property.

Result: Writ petition allowed.

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 :

    ".....to issue a writ, order or direction more particularly one in a nature of writ of mandamus, declaring the action of the respondents in not issuing market value certificate and not receiving the documents in respect of the lands of the petitioner in R.Sy.No.141/A2A to an extent of Ac.1.60 cents and in R.Sy.No.141/A2E to an extent of Ac.0.60 cents, Pothapolu Village, Madanapalle Mandal as arbitrary, illegal and contrary to the provisions under Registration Act and consequently direct the respondents to receive and process the documents in respect of the lands situated in R.Sy.No.141/A2A to an extent of Ac.1.60 cents and in R.Sy.No.141/A2E to an extent of Ac.0.60 cents, Pothabolu Village, Madanapalle Mandal, as per rules contemplated...."

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

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