ORAL ORDER

1. With the consent of the learned Advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Issue Rule returnable forthwith. Mr. Meet Thakkar, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

3. By this petition, the petitioner has prayed for direction to the respondent No. 2 i.e. the Mamlatdar & Executive Magistrate, Choryasi (hereinafter referred to as "the Mamlatdar") to register and mutate the notice of lis pendens in the revenue record in relation to the land bearing Survey No. 49, Block No. 46 (New Block no. 46/A and 46/B) (hereinafter referred to as "the subject land").

4. Facts in nutshell are that the petitioner has filed the Special Civil Suit No. 158 of 2021 before the learned 20th Additional Senior Civil Judge, Surat for specific performance of agreement to sell dated 03.04.2002 as well as to set aside the subsequent sale deed. The learned Judge, in the Special Civil Suit No. 158 of 2021, has issued notice, which was made returnable on 11.10.2021. On

11.10.2021, the petitioner i.e. the original plaintiff, had applied for registration of notice of lis pendens before the Sub-Reg