S.J. Mukhopadhaya, J.

W.P. No.25407/05 was preferred by the appellants, Capt. Dr.R.Bellie and another for a direction on the respondents to register the pending document Nos. 120/04 and 121/04, both dated 24. 04 and, consequently, hand over the same to the appellants/writ petitioners. In the said case, learned counsel for the appellants referred to a judgment rendered by the Supreme court in the case of State of Rajasthan & Ors. - Vs – Basant Nahata reported in 2005 (4) CTC 606 and a judgment rendered by this Court in W.A. No.1923/05. Learned single Judge, by the impugned order dated 29. 06 passed in W.P. No. 25407/05, without giving any finding on merit, directed the respondents to pass appropriate order.

2. In the present appeal, the main ground taken by the appellant is that the learned single Judge has failed to take into consideration that even before the appellant purchased the property, the title deeds to the property pertain to the years 1983 and 1969 respectively and the said sale deeds were registered by the very same respondents and, thereby, there was no ground to refuse registration or to keep the documents pending.

3. When the case was taken up, learned c