Disposed

K.Berdal Bai v. The District Registrar

Madras HC1 Jul 2022WP(MD)/3507/2020

Case brief

AI extract

What is this about?

This writ petition sought a direction under Article 226 to dispose of a representation regarding property title. The court declined to interfere with the pending SARFAESI appeal but directed the District Registrar to prevent further registration of the disputed property due to the respondent's violation of an interim tribunal order.

What did the court decide?

Directed the first respondent to instruct the registering authority to ensure no further transaction occurs on the suit property until the SARFAESI appeal is disposed of by the Tribunal. W.P. disposed

K.Berdal Bai Vs The District Registrar — Property and Title | Madras HC (2022)

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1 W.P.(MD)No.3507 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.07.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.3507 of 2020

K.Berdal Bai

... Petitioner

1.The District Registrar (Administration), District Regisrar's Office, Tiruchirapalli District.

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2.The Indian Bank, Represented by its Branch Manager, Tiruchirapalli.

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3.M/s.Venguard Industries, Represented by A.R.Navenraj, Ancillary Development Estate, Thiruverambur, Tiruchirapalli.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to dispose of the representation of the petitioner, dated 30.11.2019 within the time frame as determined by this Court.

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https://www.mhc.tn.gov.in/judis

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1/5

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2 W.P.(MD)No.3507 of 2020

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For Petitioner : Mr.G.Mohankumar For Respondents : Mr.M.Murugan, Government Advocate for R-1. Mr.Pala.Ramasamy for R-2. * * *

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ORDER

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Heard the learned counsel appearing for the writ petitioner and the learned counsel appearing for the first respondent and the learned Standing counsel appearing appearing for the second respondent.

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2 . Though the third respondent has been served and his name is printed in the cause list, there is no appearance on their behalf.

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3 . It appears that one Panneer Selvam had availed loan from the second respondent Bank. A mortgage was also created. In the year 2009, the mortgage was redeemed and the discharge of mortgage was also duly registered. Two years later, the writ petitioner had purchased the property in question from the

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https://www.mhc.tn.gov.in/judis

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3 W.P.(MD)No.3507 of 2020

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daughter of the said Palanneer Selvam. Panneer Selvam is said to have gifted the property in the meanwhile. Thereafter, the second respondent brought the property to sale under the SARFAESI and the third respondent had purchased the property under the sale deed. The action taken by the second respondent had been challenged by the petitioner before the Debts Recovery Tribunal. S.A.No.462 of 2015 was pending on the file of the Debts Recovery Tribunal and interim injunction was granted in the said second appeal. Yet the third respondent had created further encumbrance by settling the property in favour of his mother and thereafter, he had taken power of attorney from his mother.

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4. Since the issue is presently pending in the said SARFAESI appeal, I am not in a position to interfere beyond. However taking note of the overall facts and circumstances, particularly, the conduct of the third respondent in violating the interim order granted by the Tribunal, I direct the first respondent to issue directions to the registering authority to ensure that no further transaction in respect of the suit property takes place, till the disposal of the SARFAESI appeal by the Tribunal.

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https://www.mhc.tn.gov.in/judis 3/5

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4 W.P.(MD)No.3507 of 2020

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This writ petition stands disposed of accordingly. No costs.

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01.07.2022

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Index : Yes / No Internet : Yes/ No

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PMU

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The District Registrar (Administration), District Regisrar's Office, Tiruchirapalli District.

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2.The Branch Manager, Indian Bank, Tiruchirapalli.

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https://www.mhc.tn.gov.in/judis 4/5

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5 W.P.(MD)No.3507 of 2020

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G.R.SWAMINATHAN, J.

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PMU

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W.P.(MD)No.3507 of 2020

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01.07.2022

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https://www.mhc.tn.gov.in/judis

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K.Berdal Bai v. The District Registrar

Case brief

What is this about?

What did the court decide?

K.Berdal Bai v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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