JUDGMENT - Kantawala, J.

1. The petitioners herein have filed this petition under Articles 226 and 227 of the Constitution praying for Writ of Mandamus against respondent No.1 directing him to register under the provisions of the Indian Registration Act the Indenture of Contributory First Legal Mortgage dated August 10, 1964, copy whereof is at Exh. B to the petition, and to endorse thereon the certificate of registration as required by the said Act. It is alternatively prayed that a Writ of Mandamus be issued directing respondent No.1 to register the said mortgage deed qua the mortgagor and to keep the registration of the said deed pending, until the tax clearance certificate is obtained by the confirming parties to the said mortgage deed viz., Ramabai Tricumji Mirani and Chandrakant Tricumji Mirani. One Tricumji Miran, since deceased, was at all material times the owner of an immovable property known as Mirani Nagar, situate at 1956, Tricumji Mirani created an equitable mortgage on the said property in favour of Ishwarlal Mangaldas to secure repayment of a loan advanced by him and interest thereon. On October 14, 1960, Tricumji Mirani created a second mortgage on the said immovab

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