IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 33590 of 2007(W) ----------------------------------------- PETITIONER: -------------------- MOHAMMED MIRDANIC N.P., S/O NALAKAM PARAMBIL HANEEF, AGED 21 YEARS, MANKODE PARAMBIL HOUSE, PANNIYANKARA AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENTS: ------------------------- 1. THE SUB REGISTRAR, CHEVAYOOR SUB REGISTRAR'S OFFICE, KOZHIKODE. 2. KOLPURATH KAMALA, D/O THARAMMAL KUNHAPPAN, AGED 55 YEARS, THARAMMAL HOUSE, KOOTOOLI AMSOM DESOM, KOZHIKODE. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH BY ADV. SRI.P.A.HARISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33590/2007 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT SUBMITTED BY THE PETITIONER FOR REGISTRATION DTD. 24/09/2007. EXT.P2: COPY OF APPLICATION SUBMITTED BY THE PETITIONER DTD. 04/10/2007. EXT.P3: COPY OF JUDGMENT IN O.S.155/05 DTD. 30/10/2006 OF SUB COURT, KOZHIKODE SECURED BY THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss 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