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2020 Supreme(Ker) 270

S.MANIKUMAR, SHAJI P.CHALY
Santhosh Antonio S. Netto S/o Silverster Netto, Silverster House – Appellant
Versus
Joshy Thomas S/o. P. C Thomas,Pallikkal House – Respondent


Advocates Appeared:
For the Appellant : Sri. N.D. Joseph Antony, Sri. P.B. Pradeep, Shri. N.J. Ashwin, Shri. Vishnu Pradeep
For the Respondent: Sri. C. Harikumar, Sri. Aravindakumar Babu. T.K., Senior Government Pleader

JUDGMENT :

Shaji P.Chaly, J.

This appeal is preferred by the 3rd respondent in the writ petition challenging the judgment of the learned Single Judge dated 3.9.2010 in W.P.(C) No.37150/2009, filed by the first respondent, wherein respondents 2 & 3 herein are respondents 1 & 2 respectively. The judgment of the learned Single Judge ordered thus:

    “22. The conclusions emerging from the above discussion may be summed up as follows: (i) The sub-registrar is legally obliged to reject and refuse to register a deed of cancellation of a sale unilaterally executed without the knowledge and consent of the other parties to the sale deed and without complying with Section 32A of the Registration Act, 1908. (ii) All sub-registrars of the State shall see that a deed of cancellation of sale is registered only if executed with mutual consent of all parties to the sale, complying with the provisions of the Act and Rules including Section 32A of the Registration Act. 23.

23. In the result, these two writ petitions are allowed and the registration of the deed of cancellation dated 1-8-2009 registered as document no. 2830/2009 of Uliyil Sub Registrar’s Office produced as Ext. P3 in W.P. (C) No. 34367/2009 a

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