Smt. Kashavva Jolad & Ors. vs Smt Nirmal & Ors.

(PER: HON'BLE MR. JUSTICE RAGHAVENDRA SEETHARAM SRIVATSA)

This contempt petition is filed alleging violation of the interim order dated 13.09.2024 passed in RFA.No. 100173/2021.

By the said order, Respondent Nos.15 to 18 and 26 to 38 in the appeal were restrained from creating any third-party interest or otherwise alienating the lands bearing R.S. No.142/3 of Bairidevarakoppa, Hubballi, and R.S. No.83/3 of Nuggikeri, Dharwad, till the next date of hearing.

Upon service of notice in the contempt petition, the accused/respondents have filed their statement of objections and have drawn the attention of the Court to the fact that the sale deeds in question were executed and presented for registration on 14.06.2024. However, owing to certain irregularities and disputes regarding the valuation of the properties and the applicable stamp duty, registration of the documents was kept pending. The sale deeds were ultimately registered on 05.10.2024.

The interim order, violation of which is alleged in the present contempt petition, was passed on 13.09.2024.

From the sequence of events narrated above, it is clear that the sale deeds were executed and presented for registration prior to the passing of the interim order dated 13.09.2024, though the documents came to be registered subsequently.

Section 47 of the Registration Act, 1908 provides that a registered document operates from the time from which it would have commenced to operate if no registration thereof had been required or made. Thus, registration of a document relates back to the date of its execution.

In view of the aforesaid legal position, the subsequent registration of the sale deeds on 05.10.2024 cannot be construed as a willful violation of the interim order dated 13.09.2024, since the sale deeds had already been executed and presented for registration prior to the passing of the said order.

Accordingly, no contempt is made out against the accused.

The contempt proceedings are, therefore, dropped.