Disposed

R. Susila v. the Sub Registrar

Madras HC19 Dec 2016WP(MD)/21249/2014

Case brief

AI extract

What is this about?

Two writ petitions challenging registration of documents were disposed of. The Court observed a pending civil partition appeal and granted liberty to the petitioners to pursue their remedy in the civil court, thereby closing the writ petitions.

What did the court decide?

Liberty granted to petitioners to work out remedy in the pending first appeal; writ petitions and connected miscellaneous petitions disposed of.

R. Susila Vs the Sub Registrar — Property and Title | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED 19.12.2016

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CORAM

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

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W.P(MD)Nos. 21249 and 21250 of 2014 and M.P(MD)Nos. 1 and 1 of 2014 & 1 and 1 of 2015

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W.P(MD)No. 21249 of 2014

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R. Susila ..Petitioner

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The Sub-Registrar, Chinnamanur Sub-Registrar Office, Chinnamanur, Theni District. 2. R. Arumugam 3. B. Amutha 4. Minor. B. Keerthana Rani 5. Minor. Divakar (Minors represented by their Mother and Natural Guardian, the 3^rd Respondent herein ) ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 1st respondent from Registering the Documents Deeds in Survey No. 325/1A1 325/1A2 325/1A3 325/1B situated at Seelaiyampatti Village, Uthamapalayam Taluk, within the Sub Registration District of Chinnamannur, Theni District based on the representation of the petitioner dated 17.06.2014. (Prayer amended vide order of this Court, dated 17.6.2015)

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W.P(MD)No. 21250 of 2014

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B. Lakshmi ..Petitioner

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The Sub-Registrar, Chinnamanur Sub-Registrar Office, Chinnamanur,

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https://hcservices.ecourts.gov.in/hcservices/ Theni District.

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R. Arumugam 3. B. Amutha 4. Minor. B. Keerthana Rani 5. Minor. Divakar (Minors represented by their Mother and Natural Guardian, the 3^rd Respondent) ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 1st respondent from Registering the Documents, Deeds in Survey No. 325/1A1, 325/1A2, 325/1A3, 325/1B situated at Seelaiyampatti Village, Uthamapalayam Taluk, within the Sub Registration District of Chinnamannur, Theni District based on the representation of the petitioner dated 17.06.2014.

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(prayer amended as per order of this Court dated 17.6.2015)

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For Petitioner : Mr. V. Singan in both W.Ps

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For Respondents : Mr.A. Muthukaruppan for R1, in both W.Ps' Additional Government Pleader : No Appearance – R2 : Mr. R. Suriyanarayanan for R3 to R5

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COMMON ORDER

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In both these Writ Petitions, the respective writ petitioners sought for mandamus forbearing the respective Sub-Registrars from registering the documents, deeds in respect of the subject-matter property.

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2.The learned counsel for the Petitioners in both these Writ Petitions fairly submitted that as between the Petitioners and the contesting private respondents, a civil suit for partition culminated into a First Appeal in A.S.No.7 of 2016, is pending on the file of the District Court, Theni and therefore, the Petitioners would work out their remedy before the District Court, Theni in the pending first appeal.

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3.Recording the above said submissions,these Writ Petitions are disposed of by granting liberty to the Petitioners to work out their remedy in the first appeal. Consequently, connected Miscellaneous Petitions are closed. No costs.

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Sd/

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Assistant Registrar(RTI)

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/True Copy/

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar.

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The Sub Registrar, Chinnamanur Sub-Registrar Office, Chinnamanur,

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Theni District.

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+1CC to M/S.R.Suriya Narayanan, Advocate, SR.No. 81982

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+1CC to the Special Government Pleader, SR.No. 81884

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W.P(MD)Nos. 21249 and 21250 of 2014 and M.P(MD)Nos. 1 and 1 of 2014 & 1 and 1 of 2015 19.12.2016

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vsn

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AM/27.12.2016/3P/4C

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https://hcservices.ecourts.gov.in/hcservices/

R. Susila v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

R. Susila v. the Sub Registrar

Case brief

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