The court directed the Registrar to register a pending sale deed for 1.10 acres, conditioned upon the petitioner first redeeming the property from an alleged mortgage to the Central Bank of India.
Directed the second respondent to register Pending Document No.24 of 2017 subject to the petitioner redeeming the property from the alleged mortgage.
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 : 15.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.17622 of 2021
Vijaya
... Petitioner
-Vs-
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent dated 30.07.2021, made in Na.Ka.No.3054/Aa1/2021 and to quash the same consequently direct the second respondent to register the sale deed Pending Document No.24 of 2017 dated 04.08.2017 in respect of the property measuring an extent of 1.10½ acres comprised in Survey Nos.12/9A, 12/5B and 12/3 situated at Chennachandiram Village, Krishnagiri Taluk and District and to return the original sale deed to the petitioner.
For Petitioner : Mr.C.Prabakaran
For Respondents: Mr.Yogesh Kannadasan Special Government Pleader.
ORDER
This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent dated 30.07.2021, made in Na.Ka.No.3054/Aa1/2021 and to quash the same consequently direct the second respondent to register the sale deed Pending Document No.24 of 2017 dated 04.08.2017 in respect of the property measuring an extent of 1.10½ acres comprised in Survey Nos.12/9A, 12/5B and 12/3 situated at Chennachandiram
Village, Krishnagiri Taluk and District and to return the original sale deed to the petitioner.
had been quashed by this Court in W.P.No.23696 of 2008, dated 09.01.2009. Insofar as the mortgage in respect of the property is concerned, the learned counsel for the petitioner undertakes to clear the mortgage and only after redemption of mortgage insofar as the subject property, the second respondent may be directed to register the document.
Sd/-
Assistant Registrar(CS-VII)
//True Copy//
Sub Assistant Registrar
mn
To
Krishnagiri Taluk and District.
+1cc to Mr.C.Prabakaran, Advocate, S.R.No.58577
W.P.No.17622 of 2021
SPD(CO) SB(03/12/2021)
1 issue framed by the court
Whether the second respondent should register the pending sale deed subject to redemption of a subsisting mortgage.
Colour shows how this judgement treated each authority
W.P.No.23696 of 2008Referred¶24
1 provisions across 1 enactments
Vijaya
The District Registrar, Krishnagiri District
The Sub Registrar, Veppanapalli Sub Registrar's Office
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G.K.ILANTHIRAIYAN
Parties & counsel
