ii N N IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN AND THE HONOURABLE SRI JUSTICE HARINATH.N I.A.No.l of 2024 IN/AND WRIT APPEAL NO: 786 OF 2024 Writ Appeal under Clause 15 of the Letters Patent dated 21.12.2022 in WP No. 26352 of 2016 Between: against the order on the file of the High Court. Sri Ayinampudi Lakshmi Venkata Tripura Sundari, W/o Ayinampudi Naga Venkata Satya Sambasiva Surya Varma, R/o Door No. 551487, APSEB Colony, Seethammadhara, Visakhapatnam. ...APPELLANT AND 1. The State of Andhra Pradesh, rep. by The Commissioner and Inspector General of Registration & Stamps, Hyderabad, A P 2. The District Registrar, Visakhapatnam District, 3. The Sub Registrar, K. Kotapadu, Visakhapatnam District. 4. The Sub Registrar, Nakkapalli, Visakhapatnam District. 5. Sri Ayinampudi Naga Venkata Satya Sambasiva Surya Varma Late A. Venkata Raju, R/o Dor No. 181/86, Kotia Mahappa Veedhi Vizianagaram. S/o. t ...RESPONDENTS lA NO: 1 OF 7n9d Petition under Section 15T CPC stated in the affidavit fiied in support of the petition, the High Court may be pleased to condone the delay of 572 In preferring the appeal in time praying that in the circumstances 1 5^^ against the order of the Hon'ble single Judge in W.P.No. 26352 of 2016 .dt. 21-12-2022. Counsel for the Appellant: SRI A.RADHAKRISHNA Counsel for Respondent Nos.1 to 4: GP FOR STAMPS AND REGISTRATION Counsel for Respondent No.5: SRI T.V.JAGGI REDDY The Court made the following: 1 i & APHC010356102024 IN THE HIGH COUF?T OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE HARINATH.N I.A.No.l of 2024 IN/AND WRIT APPEAL NO: 786/2024 Between: ...APPELLANT Sri Ayinampudi Lakshmi Venkata Tripura Sundari, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Appellant: 1.ARADHAKRISHNA Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS 2.TVJAGGI REDDY The Court made the following Common Judgment: (perHon’ble Sri Justice R. Raghunandan Rao) The appellant herein, was the beneficiary of a registered gift deed, dated 28.03.2003. The respondent, had executed a deed of cancellation of this document, by way of a document, dated 12.07.2016, registered as document No.1884 of 2016, before the Sub-Registrar, K. Kotapadu. RRR,J & HN,J W.A.No.786 of 2024 2. Aggrieved by such cancellation, the petitioner approached this Court, by way ofW.P.No.26352 of 2016. 3. A teamed Single Judge of this Court, by a judgment, dated 21.12.2022, had held, following earlier judgments of this Court as well as the Hon’ble Supreme Court, that the deed of cancellation is illegal and contrary to settled principles of law and consequently, the unilateral registration of the document after giving such a open to the appellant to approach the Civil Court for cancellation of the said deed of cancellation. was not permissible under law. The learned Single Judge finding, had left it 4. The appellant has filed delay of 572 days. an Appeal against the said judgment, with a 5. Notice has been served chosen to be present before this Court advocate. Sri T.V. Jaggi Reddy, learned counsel for the 5*^ respondent before the learned Single Judge Court that, the respondent has not responded he has no instructions in the matter. on the 5“^ respondent. However, he has not either personally or through who had earlier appeared had informed this to his communications and an 6. In view of these facts, the matter is being taken up for hearing. 7. The appellant contends that, the appellant is under the impression that she would have to approach the Civil Court for cancellation of the document. However, she came to know the judgment of a Division Bench of this Court, dated 23.11.2023, in W.A.No.918 of 2023 where the Division Bench, in similar 3 RRR,J & HN,J W.A.No.786 of 2024 circumstances, had held that, the directions to approach the Civil Court, after the Court finds that, the said deed of cancellation is illegal, would not arise and there was no necessity for such challenge as the deed of cancellation becomes non est and void in the eye of law in terms of the ratio of the Hon’ble Apex Court in the case of Thota Ganga Lakshmi Vs. Government of A.P. 1 ■/ The appellant further contends that, having come to know of this judgment, she is approaching this Court, by way of the present Writ Appeal, with a delay of 572 days. She also contends that, she would be entitled for condonation of delay in view of the fact that the law, as enunciated by the 8. Division Bench, is applicable to all cases including her case. Though the explanation for the delay in approaching this Court, by way 9. of this Writ Appeal, is not fully satisfactory, we are of the opinion that the delay needs to be condoned as the law as enunciated by the Division Bench, mentioned above, would be applicable to the present case and it would only be appropriate to grant such relief to the appellant. Consequently, I.A.No.1 of 2024 for condonation is allowed and this Writ Appeal is also allowed, in terms of the judgment of the Division Bench in 10. W.A.No.918 of 2023, dated 23.11.2023. There shall be no order as to costs. ^ (2010) 15 see 207 4 RRR,J & HN,J W.A.No.786 of 2024 As a sequel, interlocutory applications pending, if any shall stand closed. SD/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// 'fv ^ SECTION OFFICER To, 1. The Commissioner & Inspector General of Registration and Stamps, V-Square Building, KSR Park Road, Ward No.2, Tadepalli, Guntur District, Andhra Pradesh - 522501. 2. The District Registrar, Visakhapatnam District. 3. The Sub Registrar, K. Kotapadu, Visakhapatnam District. 4. The Sub Registrar, Nakkapalli, Visakhapatnam District. 5. Sri Ayinampudi Naga Venkata Satya Sambasiva Surya Varma, S/o. Late A. Venkata Raju, R/d Dor No. 181/86, Kotia Mahappa Veedhi, Vizianagaram. 6. One CC to Sri A.Radhakrishna, Advocate [OPUC] 7. Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh [OUT] 8. One CC to Sri T.V.Jaggi Reddy, Advovate [OPUC] 9. Three CD Copies gi ♦ HIGH COURT DATED;03/02/2025 ORDER l-A.No.l of 2024 IN/AND WA.No.786 of 2024 ALLOWING THE WRIT APPEAL WITHOUT COSTS