A writ petition seeking restriction on registration of deeds pending an appeal was disposed of because the appellate authority itself had granted a forbearance order on the same matter.
The writ petition was disposed of as the appellate authority had already granted forbearance on the matter.
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W.P(MD)No.5254 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.10.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.5254 of 2022 and W.M.P.(MD)No.4278 of 2022
Mahalingam
... Petitioner
Vs.
6.M.Balaji
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the
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4th respondent from registering any deeds or documents, relating with the land in S.No.329/5 measuring 19 Cents, in Chinnamanur, Theni District till the final disposal of the appeal pending before the 2nd respondent.
For Petitioner : Mr.R.Suriya Narayanan
For Respondents : Mr.M.Siddharthan,
Addl. Government Pleader for R1 to R4. Mr.M.Thirunavukarasu for R6. No appearance for R5.
ORDER
Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 4 and the learned counsel for the sixth respondent.
2.The petitioner obtained sale deed in his favour as early as on 12.01.1994. The document was registered as Document No.1/1994 on the file of the Sub Registrar Office, Chinnamanur. This document was nullified by the District Registrar (Administration), Periyakulam at the instance of the fifth respondent. Questioning the same, the petitioner filed an appeal before the second respondent.
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3.This writ petition came to be filed for forbearing the registering authority from entertaining any document for registration till the appeal is disposed of. In normal circumstances, this Court would have held that the writ prayer is not maintainable.
4.When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the official respondents submitted that the appellate authority has passed an order dated 20.07.2022 forbearing registration of any document in this regard. Since the second respondent himself had granted relief to the petitioner herein, no further order is required in this writ petition.
5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
09.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
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W.P(MD)No.5254 of 2022
G.R.SWAMINATHAN, J.
ias
To:-
W.P(MD)No.5254 of 2022
09.10.2023
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Mahalingam
Inspector General of Registration
Deputy Inspector General of Registration
District Registrar (Administration)
Sub Registrar
M.Manoharan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
