High court interim order
kavksatyanarayana
(Querist) 10 September 2014
This query is : Resolved
Dear experts namaste.
My friend has purchased a land in andhra pradesh and gone to registry office to know the marketvalue and payable stamp duty. The Registrar has informed him that the Survey number has been included in the list of Government lands furnished by the Tahsildar concerned under Section 22-A of Registration Act. . My friend immediately approached the Hon'ble High Court of AP. The Hon'ble high court issued a show cause notice that why the W.P. should not be admitted within 4 weeks and passed interim orders that if the document presented by the parties, register the document following stamp act and registration act and release the document otherwise shall abide the result of the WP. But the sub-registrar immediately filed counter throough GP. While the position stands thus, my friend who is the party has presented the document before the Sub Registrar. The Sub Registrar is saying that it is in court and so he will not register the document. If presented the document, he will keep the document pending till the final orders received from the court. But my friend is arguing the Sub Registrar to register the document as per interim order of the Court.
under the circumstances whether the Sub Registrar's opinion is correct or my friend's argument is correct?
Dr J C Vashista
(Expert) 11 September 2014
SR is right and cannot register till final decision.
Rajendra K Goyal
(Expert) 11 September 2014
Full case file and interim orders need to be referred, consult your lawyer who is handling / dealing the case.
malipeddi jaggarao
(Expert) 11 September 2014
Yes, I do agree with expert Mr.Rajendra K Goyal that unless the full text of interim orders are seen, no advice can be given. But prima facie the advice of Dr.Vashista stands good as it appears from your query that option is given to Sub-Registrar and he has exercised option of waiting for orders on WP.
ajay sethi
(Expert) 11 September 2014
agree with experts
Raj Kumar Makkad
(Expert) 12 September 2014
I have also the similar opinion as expressed above.
T. Kalaiselvan, Advocate
(Expert) 17 September 2014
Even in my opinion, the Sub-Registrar's refusal to register the document till the final order from the court shall be legally valid especially since he has already filed his counter to the interim application. Better await court order.
