Petitioner sought cancellation of a settlement deed and sale deed allegedly executed in collusion during his absence in defence service. The court held that co-owners dealing with the property required the petitioner to establish his inherited right through a civil suit, and dismissed the writ petition.
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W.P.No.18252 of 2024 and W.M.P.No.20035 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.18252 of 2024 and W.M.P.No.20035 of 2024
C.Balakrishnaiah
Petitioner
versus
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5.C.Kumar
5.C.Kumar 6.D.Krishnapillai ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the settlement deed in Document No.1054 dated 06.09.2017 and the sale deed in Document No.636 dated 24.05.2018 on the file of the 4 th respondent and quash the same in pursuance of the proceedings vide Na.ka.No.2616/A2/2018 dated 21.02.2019 of the 2 nd respondent.
For Petitioner : Mr.G.Viswanathan
For Respondent Nos.1 to 4 : Mr.B.Vijay Additional Government Pleader
O R D E R
By consent of both sides, this Writ Petition is disposed of at the stage
of admission itself.
2 . This writ petition is filed mainly to cancel the document said to
have been executed by the petitioner's uncle's son in collusion with third parties. The petitioner claims right over the property by way of inheritance. According to him, taking advantage of his absence during service in defense,
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some documents came to be executed in collusion with his uncle's son by
third parties.
3 . In such view of the matter, this Court is of the view that the
very representation itself indicates that the co-owners have dealt with the property. It is for the petitioner to file an appropriate suit before the Civil Court to establish the right. Hence, I do not find any merits in the writ petition.
4 . Accordingly, this Writ Petition is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
02.07.2024
Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No
sri
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To
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W.P.No.18252 of 2024 and W.M.P.No.20035 of 2024
N.SATHISH KUMAR, J.
sri
W.P.No.18252 of 2024 and W.M.P.No.20035 of 2024
02.07.2024
5/5
1 issue framed by the court
Whether a writ petition under Article 226 can quash a settlement deed and sale deed allegedly executed in collusion while the petitioner was absent on defence service.
1 provisions across 1 enactments
C.Balakrishnaiah
The Inspector General of Registration, Registration Department
The District Registrar, Kanchipuram
The District Registrar, Tiruvallur
The Sub-Registrar, Pallipattu
C.Kumar
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
