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2025 Supreme(Online)(AP) 962

HIGH COURT OF ANDHRA PRADESH
GANNAMANENI RAMAKRISHNA PRASAD, J
Bandi Anasuyamma – Appellant
Versus
The State of Andhra Pradesh – Respondent
WP 2414/2025



Advocates:
RAMINENI SATISH BABU, GP FOR REVENUE, GP FOR REGISTRATION AND STAMPS

An interim injunction ceases to exist upon the dismissal of the main suit, and authorities must act accordingly to process related documents.

Headnote:(A) Registration Act, 1908 - Section 71 - Writ of Mandamus - The petitioner sought to declare the respondents' action in not issuing a market value certificate and not processing land documents as arbitrary and illegal. The court found that the interim injunction merged with the final order of dismissal, thus extinguishing any charges against the property. (Paras 7, 8, 11)

(B) Interim Injunction - The court ruled that once a suit is dismissed, any interim orders granted earlier are vacated and cannot continue. (Paras 9, 10)

Facts of the case:
The petitioner, a defendant in a suit seeking permanent injunction, faced issues with the registration of land due to an interim injunction that had merged with the dismissal of the suit. (Paras 3-6)

Findings of Court:
The court clarified that the interim injunction no longer subsisted and directed the authorities to process the sale deed in accordance with the law. (Paras 11-12)

Issues: The main issue was whether the interim injunction continued after the dismissal of the suit. (Paras 7-8)

Ratio Decidendi: The court held that an interim order ceases to exist upon the dismissal of the main suit, reinforcing that the authorities must act accordingly. (Paras 9-10)

Result: Writ Petition allowed.

Table of Content
1. petitioner seeks registration (Para 2)
2. suit filed by plaintiffs (Para 3)
3. interim injunction granted (Para 4)
4. suit dismissed as not pressed (Para 5 , 6)
5. interim injunction merged (Para 7 , 8)
6. effect of dismissal (Para 9 , 10)
7. interim order vacated (Para 11 , 14)
8. writ petition allowed (Para 12 , 13)

Heard Sri R. Satish Babu, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration.

2. The prayer sought in the present Writ Petition is as follows:

“…..to issue a Writ, Order or Direction more particularly one in a nature of WRIT OF MANDAMUS, declaring the action of the respondents in not issuing market value certificate and not receiving the documents in respect of the lands of the petitioner in R.Sy.No.141/A2A to an extent of Ac.1.60 cents and in R.Sy.No.141/A2E to an extent of Ac.0.60 cents, Pothapolu village, Madanapalle Mandal as arbitrary, illegal and contrary to the provisions under Registration Act and consequently direct the respondents to receive and process the documents in respect of the lands situated in R.Sy.No. 141/A2A to an extent of Ac.1.60 cents and in R.Sy.No.141/A2E to an extent of Ac.0.60 cents, Pothabolu village, Madanapalle Mandal, as per rules contemplated….”

3. It is the case of the Writ Petitioner that, one Sri R. Manjunatha Reddy had filed a Suit along with two other Plaintiffs on the file of Principal Civil Judge (Junior Division), Madanapalle in O.S.No.295 of 2023 seeking relief of Permanent Injunction in respect of Suit Schedule Property in Sy.No.141/A2A of an extent of Ac.1.60 cents and in Sy.No.141/A2E of an extent of Ac.0.60 cents, Pothabolu village, Madanapalle Mandal. Writ Petitioner herein is the sole Defendant in the said Suit.

4. The Plaintiffs in O.S.No.295 of 2023 have filed I.A.No.652 of 2023 seeking Interim Injunction against the Defendant (Writ Petitioner herein) not to alienate the Suit Schedule Property. Vide, Order dated 19.04.2023, the Principal Civil Judge (Junior Division), Madanapalle was pleased to grant an Order of Interim Injunction. It is the submission of the learned Counsel that on the strength of the Interim Injunction, the Official Respondents have placed the Suit Schedule Property in the Dispute Register. Subsequently, by an Order of the Principal Civil Judge (Junior Division), Madanapalle, the Suit bearing O.S.No.295 of 2023 came to be „dismissed as not pressed‟, vide Order dated 10.01.2025 on account of an out of Court settlement/compromise between the parties.

5. Learned Counsel for the Writ Petitioner would submit that the certified copy of the Order has not been issued by the Court. He has placed on record the status on the web site indicating the nature of disposal as „DISMISSED AS NOT PRESSED‟ on 10.01.2025 (Ex.P.4).

6. Learned Counsel for the Writ Petitioner would submit that after the dismissal of the Suit as not being pressed on 10.01.2025, the Writ Petitioner has desired to sell away the Suit Schedule land. When the Writ Petitioner had approached the Respondent Nos.5 & 6 herein (District Registrar, Rayachoti and Sub-Registrar, Madanapalle respectively), the Writ Petitioner was informed that the Suit Schedule Property is placed in the Dispute Register on account of an Interim Injunction passed by the Principal Civil Judge (Junior Division), Madanapalle in I.A.No.652 of 2023 in O.S.No.295 of 2023, and therefore, the subject property cannot be registered.

7. Having regard to the facts narrated hereinabove, it is noticed by this Court that the Interim Injunction Order passed by the Principal Civil Judge (Junior Division), Madanapalle, does not subsist now, inasmuch as the Interim Injunction has got merged with the Final Order of dismissal of the Suit „as not being pressed‟.

8. Having regard to the fact that the Interim Injunction dated 19.04.2023 got merged with the Final Order of the Dismissal of the Suit, it has to be deemed in law that any c

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