T.Balasubramanian, v. T.Thirumalairaj
Case brief
What is this about?
The Madras High Court rejected a Writ Appeal and dismissed a Civil Miscellaneous Petition seeking leave to appeal. The court held the petitioner was not an aggrieved person as the order was not binding on him and title disputes must be decided by Civil Courts via regular appeal, preventing him from proceeding as a third party in this writ appeal.
What the court decided
C.M.P.(MD) No.7739 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN
C.M.P.(MD) No.7739 of 2021 and W.A.(MD) SR. No.44458 of 2021
T.Balasubramanian
... Petitioner in Miscellaneous Petition and appellant in Writ Appeal Vs.
1.T.Thirumalairaj
2.The Sub Registrar,
(Document Registration), Chathirapatti Sub-Registration Office, Oddanchathiram Taluk,
Dindigul District. ... Respondents in Miscellaneous Petition and Respondents in Writ Appeal
Issues for consideration
3 issues framed by the court
Whether the petitioner, being a third party brother of the original writ petitioner, can be considered an aggrieved person to file an appeal.
Whether notice to a third party interested in title registration is required to grant leave to appeal against an order granting registration.
Whether the Writ Court order directing registration without original documents can be challenged by a third party via Writ Appeal.
Parties & counsel
- appellant
T. Balasubramanian
- respondent
T. Thirumalairaj
- respondent
The Sub Registrar, Chathirapatti Sub-Registration Office
Coram
Case details
As recorded by the court registry
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