HAFSATH Vs. SUB REGISTRAR

JUDGEMENT

(1.) WRIT Petition is filed by the petitioner seeking for direction to the second respondent to communicate the fact of setting aside of exparte decree to the first respondent. The first relief sought for is to declare that the first respondent is bound to register Ext.P1 document. Second prayer is to set aside Ext.P2 by issuing a writ of certiorari. Third prayer is an alternative one which is to direct the second respondent to communicate the fact of setting aside of exparte decree dated 29.7.2005 in O.S. No.624/2004 on the file of the Additional Munsiff Court-II, Kozhikode to the first respondent as expeditiously as possible.

(2.) THE facts of the case show that petitioner has purchased 2.26 Ares of land in Resurvey No.23/1E of Kunnamangalam Village, Kozhikode Taluk from the third respondent as per sale deed dated 20.10.2012, a copy of which is produced as Ext.P1. When the same was presented for registration, the Sub Registrar informed that the prior deed in respect of Ext.P1 is set aside by the Additional Munsiff's Court-II, Kozhikode by judgment and decree dated 29.7.2005 in O.S. No.624/2004 and, therefore, the document cannot be registered. Ext.P2 is the copy of the communication.

(3.) THIS is the background in which the petitioner has filed this Writ Petition. Learned counsel for the 4th respondent submits that the dismissal of the appeal was for default. Application for restoration is pending as per I.A. No.638/2012.