High Court Kerala High Court

Mohammed Mirdanic N.P vs The Sub Registrar on 24 January, 2008

Kerala High Court
Mohammed Mirdanic N.P vs The Sub Registrar on 24 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33590 of 2007(W)


1. MOHAMMED MIRDANIC N.P.,
                      ...  Petitioner

                        Vs



1. THE SUB REGISTRAR,
                       ...       Respondent

2. KOLPURATH KAMALA,

                For Petitioner  :SRI.NIRMAL. S

                For Respondent  :SRI.P.A.HARISH

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :24/01/2008

 O R D E R
                    ANTONY DOMINIC, J.
                  -------------------------------------------
                    W.P.(C) No.33590 of 2007
                  -------------------------------------------
             Dated this the 24th day of January, 2008



                              JUDGMENT

The petitioner prayed for directing the first respondent to

register Ext.P1 sale deed. According to him, it is only on the

basis that O.S.No.155/05 on the file of the Sub Court, Kozhikode

was pending and that there was an interim order passed, that

the first respondent refused to register the Ext.P1 sale deed.

Petitioner has produced Ext.P3 judgment of the Sub Court

dismissing the suit. It is also his contention that there is no

appeal against Ext.P3. If that be so, the pendency of

O.S.No.155/05 cannot be a reason to decline registration of

Ext.P1 sale deed.

Therefore, I dispose of directing that the first respondent

shall not decline to register Ext.P1 sale deed for the reason

O.S.No.155/05 was pending on the file of the Sub court,

Kozhikode.

ANTONY DOMINIC, JUDGE
csl