Petitioner sought writ to cancel sale deed and mortgage executed by her during pendency of her suit under attachment and charge. Bench held charge prevails, sanctioning automatic extinguishment of documents if suit succeeds, thus dismissing petition.
Writ petition dismissed with no costs; connected M.P. closed.
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WP.No.5546 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.5546 of 2023 & WMP.No.5562 of 2023
S.Swati Priya .. Petitioner
Versus
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 27.12.2022 and cancel the
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sale deed dated 30.11.2022 in document No.5945 of 2022 executed by the respondents 4 to 6 in favour of the seventh respondent and the Memorandum Confirming Deposit of Title Deeds dated 30.11.2022 executed by the 7th respondent in favour of the eighth respondent in document No.5946 of 2022 registered on the file of the third respondent within the time frame fixed by this Court.
For Petitioner : Mr.M.Purushothaman
For Respondents : Mr.B.Vijay Additional Government Pleader – R1 to R3
Dr.R.Gowri – R4 to R6 Mrs.A.S.Neelanarayani – R8 No appearance – R7
ORDER
With the consent of both sides, this Writ Petition is taken up for disposal
at the admission stage itself.
consider the representation of the petitioner dated 27.12.2022 and cancel the
sale deed dated 30.11.2022 executed by the respondents 4 to 6 in favour of the
seventh respondent and the Memorandum Confirming Deposit of Title Deeds https://www.mhc.tn.gov.in/judis
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dated 30.11.2022 executed by the 7th respondent in favour of the eighth respondent registered on the file of the third respondent within the time frame fixed by this Court.
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the property, any transaction during the pendency of the suit will not take away right of the parties. Hence, cancellation of the documents registered during the pendency of the suit will not arise at all. In the event the petitioner succeeds in the suit, the documents registered during the pendency of the suit will automatically go. Such being the position, there cannot be a direction for cancellation of the documents. Hence, I do not find merits in this Writ Petition.
Consequently, connected miscellaneous petition is closed.
20.06.2024
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Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
To
3.The Sub Registrar, Anamalai Sub Registrar Office, Anamalai, Coimbatore District.
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N. SATHISH KUMAR, J.
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20.06.2024
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2 issues framed by the court
Whether registration authorities are directed to cancel sale deed and memorandum executed during pendency of a suit where a charge exists over the property.
Whether transactions during the pendency of a suit where a charge is attached deprive the charge holder of rights.
1 provisions across 1 enactments
S.Swati Priya
The Inspector General of Registration
The District Registrar, Coimbatore District
The Sub Registrar, Anamalai
Ajay Sharmaraj
Chandravadanam
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
