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2010 Supreme(Pat) 1338

J.N.SINGH
Prabha Devi W/o Arjun Sharma – Appellant
Versus
The State Of Bihar, Collector, District Sub-registrar And Most. Raj – Respondent


JUDGEMENT

J.N.Singh, J.

1. In sum and substance, both the writ applications are case and counter case. Petitioner of the first case has challenged an order of the Registrar-cum-Collector, Aurangabad dated 5.10.2006, annexed as Annexure-6 to the writ application, by which, he has refused to pass orders for sending back the sale deed to the concerned Sub-Registrar for registration, in view of Misc. Appeal of respondent No. 4, namely, Misc. Appeal No. 294 of 2005, being pending in this Court. Learned Counsel for the petitioner has produced the certified copy of order dated 26.11.2008 passed in the said Misc. Appeal, which shows that the Misc. Appeal of respondent No. 4, preferred in this Court against order of the trial court passed in Title Suit No. 119 of 2004/93 of 2005 refusing injunction, has been dismissed. Besides, petitioner of the first case has also prayed for a direction to the said Registrar-cum-Collector to release the sale deed and send it to the Sub-Registrar, namely respondent No. 3, for registration in accordance with law and for grant of a certificate of registration of the deed to her.

2. The short facts of the case are that in respect of house existing on C.S. Plot








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