The Madras High Court dismissed a Civil Miscellaneous Petition seeking leave to file a Writ Appeal. The Court held the petitioner was not an interested person in the lis and declined to adjudicate property rights, rejecting the appeal petition.
Leave to file the Writ Appeal granted.
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.
C.M.P.(MD).No.18520 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
C.M.P.(MD).No.18520 of 2024 in W.A.(MD).SR.No.93507 of 2024
G.Devibala ... Petitioner/Appellant
Vs.
1.M.Sandeep
2.The Joint Sub Registrar – II, Virudhunagar, Virudhunagar District. ... Respondents/Respondents
PRAYER in C.M.P.(MD).No.18520 of 2024: Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code, praying to grant leave to the petitioner for filing the Writ Appeal against the order passed in W.P.(MD).No. 27755 of 2024 dated 20.11.2024.
PRAYER in W.A.(MD).SR.No.93507 of 2024: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 20.11.2024 passed in W.P.(MD).No.27755 of 2024 on the file of this Court.
Page 1 of 4
C.M.P.(MD).No.18520 of 2024
For Petitioner : M/s.Lakshmi Gopinathan for M/s.Polax Legal Solutions For R-2 : Mr.S.Shaji Bino Special Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The Civil Miscellaneous Petition has been filed seeking to grant leave to the petitioner to file an appeal against the order passed in W.P.(MD).No.27755 of 2024 dated 20.11.2024.
Page 2 of 4
C.M.P.(MD).No.18520 of 2024
As such, the petitioner may not be an interested person in the lis and hence, the
petition seeking for leave to file an appeal stands dismissed. Consequently, W.A.(MD).SR.No.93507 of 2024 is rejected.
(M.S.R.,J.) (A.D.M.C.,J.) 20.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To The Joint Sub Registrar – II, Virudhunagar, Virudhunagar District.
Page 3 of 4
C.M.P.(MD).No.18520 of 2024
M.S.RAMESH,J. and A.D.MARIA CLETE,J.
Lm
C.M.P.(MD).No.18520 of 2024 in W.A.(MD).SR.No.93507 of 2024
20.12.2024
Page 4 of 4
2 issues framed by the court
Whether the petitioner is an interested person entitled to seek leave to file a writ appeal against the High Court's order.
Whether the High Court can adjudicate upon the rival claims to the subject property in a writ jurisdiction.
2 provisions across 2 enactments
G.Devibala
Joint Sub Registrar II, Virudhunagar
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
