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Judgment
Sangeeta K. Vishen, J
Order in Special Civil Application:
By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for direction to the respondent No.1 - Sub Registrar, Sanand in keeping pending the registration of sale deed. The petitioner is aggrieved by the non-release of the sale deed executed in his favour. According to the petitioner, apropos the order dated 23.11.2020 (26.11.2020), the petitioner has deposited the deficit stamp duty on 23.11.2020 i.e. on the very same day; however, the Sub Registrar has not released the sale deed.
Mr.Krutik Parikh, learned Assistant Government Pleader was required to take instructions. Upon instructions, it is submitted that owing to certain discrepancies in the documents i.e. agreement to sell and the sale deed regarding signature and/or thumb impression of the original land owners, the Sub Registrar has required the presence of the original land owners so as to confirm the signatures and/or thumb impressions on the two documents.
Mr.Dev Patel, learned advocate appearing for the original land owners as well as subsequent purchaser submitted that as per the provisions of Section 36 of the Registration Act, 1908, it is well within the powers of the Sub Registrar, to require the appearance of any person, whose presence or testimony is necessary for the registration of the document.
Mr.Sunilsinh J. Chauhan, learned advocate appearing for the petitioner agreed that the petitioner will remain present. Mr.Dev Patel, learned advocate has also agreed that the original land owners will personally remain present before the Office of the Sub Registrar.
In view of the aforesaid consensus arrived at between the parties, the petition is disposed of with a direction to the Sub Registrar, to take a decision in accordance with law after hearing all the parties.
With the aforesaid direction, petition is disposed of. No order as to cost.
In view of disposal of the main petition, the Civil Application (for Joining Party) No.1 of 2021 stands disposed of.