Smt. Chalasani Kalyani Leela v. M/s. ADR Estates

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents refraining from entertaining and/or effecting any registration of documents relating to the subject property to an extent of Ac.10.00 out of total extent of Ac.17.1OGts (Western portion) in Sy. No.'140 out of Ac.17.'1Ogts situated at Bachupally Village, Qutubullapr:r Mandal, Medchel Malkajgiri District, pending disposal of the above writ appeal counserfor the Apperra"' ' i"T.,"#3H[,tHx1lt";3i ;3[lH' Counsel forthe Respondents No.1 : SSRI. B. CHANDRAS: { REDDY, SENIOR COUNSEL REP SRI. D.SRINIVAS RAO Counsel forthe Respondents No.2to5: SRI MURALIDHAR REDt Y, GP FOR REVENUE The Court made the following: JUDGMENT IN THE HTGH COURT FOR THE STATE OF TELANGA}{A AT FTDERABAD THE HON'BLE SRIJUSTICE K. LAKSHMAN AND THE HON'BLE SRI JUSTICE N.TUKARAMJI WRIT APPEAL No.754 of 2022 DATE OF JUDGMENT: 12.12.2025 Between: Smt.Chalasani Kalyani Leela. AND M/s.ADR Estates, Pvt. Ltd., and four others. Appellant Respondents. JUDGMENT (Per Hon ble Sri Justrce K.l,okshman) Heard Mr.B.Adinarayana Rao, leamed Senior Counsel representing Mr.Srinivasa Rao Bodduluri, leamed counsel for the appellant, Mr.B.Chandrasen Reddy, learned Senior Counsel representing Mr.D.Srinivas Rao, leamed counsel for respondent No.l and Mr.Muralidhar Reddy Katram, leamed Govemment Pleader for Revenue appearing for respondent Nos.2 to 5. 2 Feeling aggrieved and dissatisfied with the order dated

03.12.2021 passed by the leamed Single Judge in W.P.No.31860 2 \ of 2021, appellant/third party to the writ petition preferred the present intra - court appeal under clause 15 ofthe t stters Patent.

3. Respondent No.l has filed the aforesaid rrit petition to declare Lr.No.406/2021, dated, 08.10.2021 issued ry respondent No.4 therein as illegal and consequently, to set I iide the same and to direct the respondents to delete the sali' deed bearing Document No.760l of 2000, dated 19.09.2000 fir n the rolls of Encumbrance Certificate and other records.

4. It is contended by respondent No.l that :he appellant herein lost the civil litigation upto the Hon'ble Sr preme Court. Therefore, the said registered sale deed bearrr g Document No.760l of 2000, dated 19.09.2000 has to be delet, d. They have submitted a representation, dated 01.10.2021 to res rondent No.5 herein with a request to delete the said registered :;t le deed,. Vide letter dated, 08.10.2021, respondent No.5 infonrt d respondent No.l that respondent No.5 cannot delete the s,i id registered document unilaterally and respondent No.1 has kr approach the Court for deletion of the said document. Responcr nt No.l filed l 1 l --7 3 the aforesaid W.P. challenging the proceedings dated

08.10.2021.

5. On consideration of the said facts, vide order dated

03.12.2021, leamed Single Judge disposed of the said writ petition directing respondent No. I to file fresh representation before respondent No.5 herein requesting him to make an endorsement in the Encumbrance Certificate to the effect that Document bearing No.760l of 2000 has been cancelled, by virtue of the Judgment of the learned I Additional District Judge, Rangareddy District at L.B.Nagar, dated 14.10.2004 passed in O.S.Nos.23 and 159 of 2002, within a period of two weeks from the date of receipt of the said order. On such application being filed, respondent No.5 herein shall . pass necessary orders thereon, strictly in accordance with law and without reference to the impugned letter No.406l2o2l, dated 08.10.2021, AS expeditiously as possible, preferably within a period of eight (8) weeks thereof.

6. According to Sri B.Chandrasen Reddy, learned Senior Counsel, respondent No.1 has submitted a fresh application on l I I 4 \ I

27.12.2021 to respondent No.5 with a request to delete the aforesaid document. Respondent No.5 deleted the r aid document on24.01.2022. Further, he fairly submitted that rr:r pondent No.l should have made the appellant herein i.e., i ,mt.Chalasani Kalyani Leela as party to the said writ petition. ' 'herefore, the present writ appeal may be allowed by setti rg aside the impugned order dated 03.12.2021 in W.p.No.3t860 of 20Zl passed by the learned Single Judge. 7 . Learned Govemment Pleader for Revenl t also would submit that respondent No.l should have made .he appellant herein as a pary to the said writ petition. The saic writ petition may be dismissed on the ground of non-joinder. of necessary party.

8. As rightly contended by the leamed Senio counsel for respondent No. 1 and also leamed Government pleader for Revenue, respondent No. I should have made r .re appellant herein as a party to the said writ petition. Vid= order dated,

03.12.2021 in W.P.No.3 1860 of 2021, leamed i,ingle Judge directed respondent No.5 to consider the fresh r.presentation 5 submitted by respondent No.l, strictly in accordance with law. Even then, respondent No.5 deleted the aforesaid registered sale deed without putting the appellant herein on notice.

9. In the light of the said submissions and discussion, this Writ Appeal is allowed. The impugned order dated 03.12.2021 in W.P.No.3 1860 of 2021 passed by the leamed Single Judge is hereby set aside. Consequently, W.P.No.3 1860 of 2021 is dismissed. As a sequel thereto, miscellaneous applications, if any, pending in the Writ Appeal shall stand closed. //TRUE COPY' SD/. K. SAILESHI Jortif ii'ec-r'iinen / (9 SECTION OFFICER To,t l|i5:ii's.3'"?3i!ltflVa"t5#B] a nd Registration Department secreta riat' 2: rhe commi.,ion"L'nd-[,'Nt?":Tdc5iil?fl;llt95ll1l,?3i,il3,?'l3i'i]"td3;i -' SSg, Registration Bhavat ilJivrdifJ' uvoerabad' relansana'

3. The District Registrar' Medchal' Malka'igiri District' 4. The Joint Sub-Registrar-l' RO (B)' Medchal' Maklajgiri District' 5. One CC to SRI SRINIVASA RAO BODDULURI' Advocate' [OPUC] 6. One CC to SRI D SRINIVAS RAO' Advocate' [OPUCI 7 Two ccs to Gp FoR RE'EN,E, High court for the state of relangana at HYderabad lOUTl

8. Two CD CoPies' BSK GJP HIGH COURT DATED:1 211212025 r,) i r.-L4 /y. .s s \\ ':\. .-',,\ ;r ll ,- ti !:it l{irl}-i iL /',' j; 'a) Lr- JUDGMENT WA.No.754 of 2022 ALLOWING THE WRIT APPEAL WITHOUT COSTS \o$