THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.24528 OF 2019

ORDER

In this Writ Petition, the petitioners are seeking a declaration that the inaction on the part of the respondents in considering their representation dated 29.12.2017, as illegal and arbitrary and consequently to direct the official respondents not to register any kind of documents executed by unofficial respondents or their henchmen with regard to subject property and to pass such other order or orders.

2. Heard the learned counsel for the petitioners, learned Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3 and Mr.Md.Ajmal Ahmed, learned counsel represented by learned senior counsel Mr.Vedula Venkataramana, appearing for respondents No.4 to 20.

3. This Court vide order dated 14.11.2019 in I.A.No.1 of 2019 had observed that there is a suit in O.S.No.1040 of 2017 pending on the file of XXV Additional Chief Judge, City Civil Court, Hyderabad and there is an ex-parte injunction in favour of the petitioners in I.A.No.1909 of 2017 restraining the respondents therein from alienating the petition schedule properties either by way of creating any document of sale, lease, mortgage, gift, exchange or otherwise and the said interim order was extended from time to time. Taking the same into consideration, this Court has also directed the Sub-Registrar, Charminar not to entertain deeds of conveyance presented by the defendants to the suit in respect of subject property pending disposal of the suit.

4. Respondents have now filed a stay vacate petition and the petitioners have also filed reply affidavit to the same.

5. Learned Senior counsel appearing for the respondents submitted that the petitioners have filed this writ petition only for consideration of their representation and that the suit itself is not maintainable before the trial Court and also that original sale certificate in C.S.No.14/1958 has not been filed.

6. Learned counsel for the petitioners, on the other hand, referred to the copy of the docket order in I.A.No.168 of 2019 in O.S.No.1040 of 2017 wherein the Sub-Registrar, Charminar has been arrayed as respondent No.18 and an interim order has been granted directing him not to register any document in respect of the suit schedule property, pending disposal of the suit. He also submitted that this order is subsisting even on this day.

7. Learned Senior counsel appearing for the respondents submitted that on the ground that this Court has granted interim direction on 14.11.2019 in I.A.No.1 of 2019, the trial Court is not taking up the suit and therefore, prejudice is being caused to the respondents.

8. Having regard to the rival contentions and material on record, this Court finds that the petitioners have filed O.S.No.1040 of 2017 and ad-interim injunction has been granted against the respondents as well as Sub-Registrar, Charminar and the said interim injunction order is in force as on today, therefore, the same shall be honored until vacated or modified by the trial Court or higher forum. Therefore, this Court without going into the merits and the issues or the points raised by the respondents about maintainability of the suit or about the documents filed by the petitioners along with reply affidavit, deem it fit and proper to direct the trial Court to dispose of the suit expeditiously, without being influenced by the interim order granted by this Court on 14.11.2019 in I.A.No.1 of 2019. The other legal points raised by the respondents are left open for them to raise the same before the trial Court in appropriate proceedings.

9. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

____________________________ JUSTICE T. MADHAVI DEVI Date: 12.11.2025 dv/gnp