The High Court dismissed a writ petition seeking interim directions to restrain registration of a property during pendency of a partition suit, holding such relief must be sought from the concerned Civil Court.
Writ petition dismissed; no interim order issued.
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: 09.10.2020
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
WP.No.14154 of 2020 & WMP.No.17616 of 2020
V.Vidhya
... Petitioner
Vs.
1. The District Registrar,
District Registrar Office,
Thirupapuliyur,
Cuddalore District 607 001.
2. The Sub-Registrar,
Panruti Sub-Registrar Office,
Panruti Taluk,
Cuddalore District.
3. T.Ganesan .. Respondents
Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the communication of the 1st respondent vide Na.Ka.No.387/AA1/2020, dated 27.01.2020 and the proceedings in Na.Ka.No.78 of 2020 dated 12.2.2020 of the 2nd respondent herein to quash the same as illegal and consequently direct the 1st and 2nd respondents not to entertain any Registration, Transaction in connection with the schedule proeprty, till the disposal of suit in O.S.No.47 of 2005 on the file of the learned Addl. District Court at Cuddalore.
For Petitioner : Mr.S.Kingston Jerold For Respondents: Mr.T.M.Pappiah, Spl. Govt. Pleader
This writ Petition is filed challenging the proceedings of the 1st respondent dated 27.1.2020 and the proceedings of the 2nd respondent dated 12.2.2020.
property. Therefore, a representation was made not to entertain any document for registration. Since the same was rejected, the present Writ Petition has been filed before this Court.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
msr
To
1. The District Registrar,
District Registrar Office,
Thirupapuliyur,
Cuddalore District 607 001.
2.The Sub-Registrar,
Panruti Sub-Registrar Office,
Panruti Taluk,
Cuddalore District.
3.The Additional District Court
Cuddalore District
+1 CC to The Government Pleader sr 33858.
WP.No.14154 of 2020 &
WMP.No.17616 of 2020
MP(CO)
SP(11/12/2020)
1 issue framed by the court
Whether the High Court can issue an interim order restraining registration pending a partition suit in the Civil Court.
V.Vidhya
The District Registrar
The Sub-Registrar
T.Ganesan
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
