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2025 DAILYLAW 40070 (AP)

AMERICAN BAPTIST FOREIGN MISSION SOCIETY v. SRI HANUMAN REAL ESTATES

WA/1010/2025 · 2025-11-17

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010467182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1010/2025 Writ Appeal under clause 15 of the Letters Patent to set aside the order dated 18/06/2025 in WP.No. 14346 of 2025 and pass Between: 1. AMERICAN BAPTIST FOREIGN MISSION SOCIETY, (REG. NO. 312 OF 1970), REP. BY ITS PRESIDENT JALADANKI GEORGE, S/O JEEVA RATHNAM, AGED 55 YEARS, R/O KONDAMUDUSUPALEM, KANDUKURU MANDAL, PRAKASAM DISTRICT. C/O AMERICAN BAPRIST FOREIGN MISSION SOCIETY, NO. 38, VALLAL PARI NAGAR, 2ND MAIN ROAD, PALLIKARANI, CHENNA - 600 100. 2. ELMER VICTOR KOLA,, SECRETARY, AMERICAN BAPRIST FOREIGN MISSION SOCIETY S/O K. VICTOR, AGED ABOUT 55 YEARS, R/O D.NO. 11-5-156/1, RED HILLS, KAIRATHABAD, HYDERABAD, TALANAGANA -500004. ...APPELLANT(S) AND 1. SRI HANUMAN REAL ESTATES, (SRI PAVAN KUMAR REAL ESTATES), REP. BY ITS MANAGING PARTNER SMT. NADELLA NAGAVENI, W/O. N. SUBRAHMANYAM, AGED ABOUT 73 YEARS, R/O D.NO. 4-261, RAJAJI STREET, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 2. NADELLA SUBRAHMANYAM, S/O LATE LAKSHMI NARAYANA, AGED ABOUT 77 YEARS, R/O D.NO. 4-261, RAJAJI SRTEET, 2 MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT STAMPS AND REGISTRATION, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. 4. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. 5. THE DISTRICT REGISTRAR, PRAKASAM DISTRICT. 6. THE SUBREGISTRAR, MARKAPUR TOWN, PRAKASAM DISTRICT. 7. THE AMERICAN BAPRIST FOREIGN MISSION SOCIETY, (REG. NO. 312 OF 1970), REP. BY ITS SECRETARY SRI AKKI PULLA REDDY, S/O RAMI REDDY R/O.D.NO. 1-42, GIDDALUR, ALLINAGARAM, PRAKASAM DISTRICT. (THE 7TH RESPONDENT IS NOT THE SECRETARY OF THE SOCIETY) ...RESPONDENT(S): IA NO: 1 OF 2025 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 dispense with filing of the certified copy of the order passed in W.P.No. 14346 of 2025 and pass IA NO: 2 OF 2025 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 grant leave in filing the present writ appeal and pass IA NO: 3 OF 2025 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 condone the delay of (47 ) days in filing the appeal and pass IA NO: 4 OF 2025 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 permit the appellant to file additional documents and pass 3 IA NO: 5 OF 2025 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 suspend the interim order dated 18/06/2025 passed in W.P.No.14346 of 2025 and pass Counsel for the Appellant(S): 1. K S MURTHY ASSOCIATES Counsel for the Respondent(S): 1. GHANTA SRIDHAR 2. GP FOR REGISTRATION AND STAMPS 4 The Court made the following Judgment: (Per Hon’ble Sri Justice R Raghunandan Rao) The respondent Nos.1 and 2 herein had filed W.P.No.14346 of 2025 contending that respondent No.5, in the writ petition, was seeking to execute certain documents of alienation and register the same in relation to land in Sy.No.399/1 and 339/B and the same is not permissible in view of the orders of the Hon’ble High Court of Madras in C.S.No.124 of 1994 vide its order dated 19.02.2024. The respondent Nos.1 and 2 had sought a writ of Mandamus to be issued declaring the action of the Sub-registrar in receiving such documents despite the representation, dated 06.06.2025 of the respondent Nos.1 and 2 to be illegal. A learned Single Judge of this Court, by an order, dated 18.06.2025 had directed the official respondents not to entertain any document for registration for one day. This order was subsequently modified to maintain status-quo with regard to the registration. 2. Aggrieved by the said orders of the learned Single Judge, the appellants herein, who are third parties to the writ petition, had preferred the present writ appeal. 3. Heard Sri K.S.Murthy, learned senior counsel appearing for the appellant and Sri Ghanta Rama Raor, learned senior counsel appearing for the respondents 1 and 2. 4. It appears that there are certain disputes as to the persons who can represent respondent No.5 in the writ petition as well as the question of whether the properties in question have been transferred out pursuant to the orders of the Hon’ble High Court of Madras in C.S.No.124 of 1994. 5 5. While these disputes would have to be resolved, in an appropriate forum, this Court is now informed that the writ petition itself has been closed, in view of a statement made in the counter-affidavit filed by the Sub-Registrar, Markapur Town, Prakasam District to the effect that the properties have been incorporated in the prohibitory list maintained under Section 22-A of the Registration Act, 1908. 6. The same submission had also been made before this Court on 11.11.2025. This Court, upon such submission, had required the learned Assistant Government Pleader to produce the proceedings, under which, the land in dispute, had been placed in the prohibitory list. 7. The learned Assistant Government Pleader has today produced the report generated and attested by Joint Sub Registrar-I, Markapur. Under this report, it is stated that the land in Sy.No.339/B had been placed in the prohibitory list on account of pendency of O.S.No.2 of 2021 before the Junior Civil Judge, Markapur, W.P.No.6172 of 2018 pending before this Court, O.S.No.332 of 2017 pending before the Principal Junior Civil Judge, Markapur and O.S.No.166 of 2018 pending before the Senior Civil Judge, Markapur. 8. The report also states that the land in Sy.No.399/1 was included in the prohibitory list on account of pendency of O.S.no.384 of 2024 before the Principal Junior Civil Judge, Markapur. 9. The learned Assistant Government Pleader would also submit that no separate proceedings have been issued for incorporating these lands in the prohibitory list. It is stated that these lands were included in the prohibitory list 6 on the basis of pendency of the above litigations and the injunction orders granted by the civil Court. 10. In the circumstances, nothing further remains in the writ appeal and it is disposed of leaving it open to the appellants to avail their remedies against such entries made in the prohibitory list. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 18.11.2025 KA 7 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1010/2025 Date: 18.11.2025 KA