Petitioner objected to registration pending an appeal on suit property; the Sub-Registrar rejected her objection as no injunction existed in the appeal. Court held transfers during a pending suit are subject to lis pendens, found no infirmity in the order, and dismissed the writ petition.
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.
W.P.No.8732 of 2024 and W.M.P.Nos.9747 & 9748 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.8732 of 2024
and W.M.P.Nos.9747 & 9748 of 2024
Jayanthi
Petitioner
versus
8.S.Gopalakrishnan
Respondents
1/5
W.P.No.8732 of 2024 and W.M.P.Nos.9747 & 9748 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to impugned order passed by the 5 th respondent in Tha.Ma.Moo.Mu. No.26/2024 dated 12.01.2024 and to quash the same, consequently direct the 5 th respondent to remove the entry in encumbrance records.
For Petitioner : Mr.C.Prabakaran
For Respondent Nos.1 to 5 : Mr.A.Selvendran Special Government Pleader
O R D E R
This Writ Petition has been filed challenging the impugned order dated 12.01.2024 p assed by the fifth respondent and also to direct him to remove the entry in encumbrance records.
2. It is the case of the petitioner that, an objection was raised by her not to register any document on the ground that the appeal is pending in respect of the suit property in A.S.No.31 of 2018. However, the registering authority found that there was no injunction granted in the appeal and rejected the objection raised by the petitioner. Challenging the same, the present Writ Petition has been filed.
2/5
W.P.No.8732 of 2024 and W.M.P.Nos.9747 & 9748 of 2024
3. Heard the learned counsel for the petitioner and the learned
Special Government Pleader for the respondent 1 to 5 and perused the materials available on record.
4. At the outset, this Court is of the view that when a suit is pending between the parties, any transfer if effected in respect of the suit property, such transfer is subject to the result of the suit. The doctrine of lis pendens will apply. In the event, the petitioner succeeds in the suit then automatically the document registered by the sixth respondent will be void, subject to the rights of the parties.
5. In such view of the matter, this Court do not find any infirmity
in the order passed by the fifth respondent. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
02.04.2024 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No sri
3/5
W.P.No.8732 of 2024 and W.M.P.Nos.9747 & 9748 of 2024
To
4/5
W.P.No.8732 of 2024 and W.M.P.Nos.9747 & 9748 of 2024
N.SATHISH KUMAR, J.
sri
W.P.No.8732 of 2024 and W.M.P.Nos.9747 & 9748 of 2024
02.04.2024 [1/2]
5/5
1 issue framed by the court
Should the Sub-Registrar's refusal of the petitioner's objection to registration be quashed and the encumbrance entry removed?
Jayanthi
The District Collector, Tiruppur District
The District Revenue Officer, Tiruppur
The Revenue Divisional Officer, Tiruppur
The Tahsildar, Avinashi Taluk, Tiruppur District
The Sub-Registrar, Punjaipuliyampatti Sub Registration Office
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
