The registration authorities cannot refuse to register a document based on the pendency of a writ petition when a decree has been issued in favor of the parties seeking registration.

ORDER : 

(K. SARATH, J.)

Since both these writ petitions arise out of the same suit schedule property, they are being disposed of by this common order.

2. In W.P.No.8508 of 2020, the petitioners are questioning the action of the respondent No.2 i.e, Sub- Registrar, in trying to register the document purported to be a will deed executed by Smt K. Pushpavathi by forging her signature in favour of the respondent Nos.4 and 5 without considering the representation dated 09.12.2019 as illegal and arbitrary.

3. In W.P.No.25229 of 2023, the petitioner is questioning the action of the respondent No.3 in issuing the order of Intimation of Refusal No.41/2023 dated 26.07.2023 in terms of Section 22(A) of Registration Act, 1980 in thereby refusing to register and release the pending registration of Document No.P.152/2023 dated 20.07.2023 pertaining to the petitoner’s property i.e., residential house No.03-180 (PTIN.1150200884) admeasuring 142.0 sq. yards or equivalent to 118.71 sq. mtrs with plinth area 455.0 sft covered under Block No.03 and Ward No.01 situated at Suraram Colony, Suraram Village, Qutubullapur Mandal, Medchal-Malkajgiri District, Telangana State, on the ground of pendency of W.P.No.8508 of 2020 before this Court.

4. For the purpose of narrating the facts, W.P.No.25229 of 2003 is being taken as a lead case.

5. Heard learned counsel for the petitoner, learned Assistant Government Pleader for Stamps and Registration and learned counsel for the respondent Nos.6 and 7.

6. Learned Counsel for the petitoner submits that the petitoner has purchased the property i.e., house bearing No.3-180 admeasuring 142.0 sq. yards or 118.71 sq. meters with plinth area of 310 sq. feet and 145 sq. feet (RCC) situated at Suraram Colony, Suraram Village, Qutubullapur Mandal and Municipality, Medchal-Malkajgiri District, from the respondent Nos.4 and 5 as they were declared as absolute owners of the said property through the Judgment and Decree passed in O.S.No.304 of 2022 on the file of III Additional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, Cyberabad at Medchal, dated 29.11.2022 in their favour by virtue of will deed executed by Smt K. Pushpavathi on 22.06.2019. He further submits that the respondent Nos.4 and 5 have filed O.S.No.304 of 2019 on the file of Additional Junior Civil Judge, Medchal-Malkajgiri District at Medchal and subsequently it was transferred and renumbered as O.S.No.304 of 2022 on the file of II Junior Civil Judge at Medchal and the same was decreed in favour of the respondent Nos.4 and 5 on 29.11.2022. Thereafter, the petitoner has purchased the suit schedule property and paid advance amount to the respondent Nos.4 and 5 and executed the documents and approached the respondent No.3 by paying requisite fee for registration on 20.07.2023, and the same was given registration document No.P- 152/2023. Thereafter, the petitioner has received the letter of Intimation of Refusal No.41 of 2023 dated 26.07.2023 issued by the respondent No.3 on the ground that W.P.No.8508 of 2020 is pending before this Court with regard to the same suit schedule property.

7. Learned Counsel for the petitioner further submits that the impugned order passed by the respondent No.3 is contrary to Section 22-A of the Registration Act, 1980 as it was issued in view of pendency of W.P.No.8508 of 2020 and without application of mind and void in law and requested to set aside the impugned refusal order by directing the respondent No.3 to register and release the pending registration of document of the petitoner.

8. Learned Counsel for the petitioner has relied on the following Judgment:-

1. Kunchanapalli Mysooraiah vs. Sub-Registrar, 2005(5) ALT 616

9. Learned Counsel for the respondent Nos.6 and 7 submits that the respondent No.3 has rightly passed the impugned refusal order for registration of the document in view of pendency of W.P.No.8508 of 2020 filed by the respondent Nos.6 and 7. He submits that the respondent Nos.4 and 5 without any valid title an