DIPAKBHAI MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Mengdey, learned AGP waives service of rule for respondent Nos. 1 & 2 and with the consent of the learned advocate appearing for both the sides, the matter is further heard today.

(2.) The only question, which arise for consideration of this Court is whether the action of the Mamlatdar denying entry of a registered document for lis pendens is legal and valid or not"

(3.) The short facts of the case are that as per the petitioners, they have filed Special Civil Suit No. 209/05 in the Court of learned Civil Judge(SD), Ahmedabad, for the specific performance of the contract and as per the petitioners, the said suit is pending and therefore, the notice of lis pendens was got registered by the petitioners as per the document(Annexure-B), which has been registered vide registration No. 5302 dated 20th June, 2006, of the Joint Sub-Registrar, SRO, Ahmedabad-2, Vadaj. After the document was registered, the petitioners submitted application to the Mamlatdar, Dascroi for entering of the said document. However, Mamlatdar, as per the communication dated 19.07.2006, informed to the petitioners that as per the provisions of Section 18 of the Transfer of Properties Act, there is no provision for registration of lis pendens and therefore, the application of the petitioners cannot be accepted. It is under these circumstances, the petitioners have approached to this Court.