The High Court of Judicature at Madras dismissed a writ petition challenging the registration of a property document. The court held the petition non-maintainable as it sought to convert the High Court into a court of execution pending a civil appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2018
CORAM :
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.No.7929 of 2011 and
M.P.No.1 of 2011
D.Ravi ... Petitioner
-Vs-
1.The Sub-registrar, Registration Department,
Saram, Puducherry-13.
2.Valliammal @ Kannammal ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the 1st respondent from registering any document relating to Old Door No.6/22, New Door No.9 (Now. 54) in Madha Koil Street, Puducherry-7.
For Petitioner : Mr.M.V.Venkataseshan
For Respondents : Mr.J.Pothiraj,
Special Government Pleader for R1 : Mr.N.V.Prasanna for M/s.Sai Bharath & Ilan for R2
Heard Mr.M.V.Venkataseshan, learned counsel for the petitioner and Mr.J.Pothiraj, learned Special Government Pleader appearing for the first respondent and Mr.N.V.Prasanna, learned counsel appearing for the second respondent.
“To issue a Writ of Mandamus, to forbear the 1st respondent from registering any document relating to Old Door No.6/22, New Door No.9 (Now. 54) in Madha Koil Street, Puducherry-7.”
It appears that there is dispute regarding the title and possession of the property in respect of Old Door No.6/22, New Door No.9 (Now 54) of Madha Koil Street, Aryinakuppam, Puducherry-7. A suit was filed in O.S.No.80/91 by the petitioner herein along with few others, against the second respondent and others. The suit came to be dismissed and aggrieved by the same, the A.S.No.635/2001, was filed before this Court.
Sd/-
Deputy Registrar(CS)
//True Copy//
Sub Assistant Registrar
gsk
To
The Sub-registrar,
Registration Department,
Saram, Puducherry-13.
+1cc to Mr.M.V.VENKATASESHAN Advocate, S.R.No.27977
+1cc to Mr.SAI BHARATH, Advocate, S.R.No. 28357
W.P.No.7929 of 2011
TR(14/05/2018)
2 issues framed by the court
Whether a writ petition under Article 226 of the Constitution of India is maintainable for restraining the registration authority from registering a document in respect of a suit property where a civi
Whether the High Court can exercise extraordinary writ jurisdiction to act as a court of execution or pass orders to protect rights pending the disposal of a civil appeal.
1 provisions across 1 enactments
D.Ravi
The Sub-registrar, Registration Department, Saram, Puducherry-13
Valliammal @ Kannammal
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
