The High Court directed the civil court to dispose of a pending ownership suit within five months before the Registry can be directed to register a partition deed.
The principal Subordinate Judge was directed to dispose of O.S.No.35 of 2024 within five months. Pending the result, the petitioner may approach the second respondent for registration.
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(MD)No.14454 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.06.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P.(MD)No.14454 of 2021
R.Thangavel
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the second respondent in his proceedings Refusal No.RFL/Vadamadurai/11/2021 dated 22.07.2021 and quash the same as illegal and arbitrary consequently direct the second respondent to register the partition deed in temporary Document No.TP/102404790/2021 dated 03.05.2021 with regard to property in Survey No.927/2, 927/3, 929, 930/1A1, 930/1A2,
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W.P(MD)No.14454 of 2021
930/1A3, 930/2A1, 930/2A2 situated Sukkampatti Village, Vedasandur Taluk, Dindigul District.
For Petitioner : Mr.G.Gomathi Sankar
For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.S.Gokulraj
O R D E R
The Writ Petition is directed against the impugned refusal check slip dated 22.07.2021 issued by the second respondent and for further direction to the second respondent to register the partition deed in temporary Document No.TP/102404790/2021 dated 03.05.2021 with regard to property in Survey Nos.927/2, 927/3, 929, 930/1A1, 930/1A2, 930/1A3, 930/2A1 and 930/2A2 situated at Sukkampatti Village, Vedasandur Taluk, Dindigul District.
between him and his brothers for registration, but the same was refused by the second respondent on the ground that the encumbrance certificate reveals that the property shown in the partition deed i.e., in Survey Nos.
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W.P(MD)No.14454 of 2021
927/2 and 927/3 of Sukkampatti Village, was shown to be owned by two persons.
W.P(MD)No.14454 of 2021
Accordingly, the learned Principal Subordinate Judge, Vedasandhur, is hereby directed to complete the trial in O.S.No.35 of 2024 and dispose of the same within a period of five (5) months from the date of receipt of a copy of this order and subject to the result of the said suit, the writ petitioner is at liberty to move the second respondent for registration.
costs.
03.06.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No csm
To
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W.P(MD)No.14454 of 2021
W.P(MD)No.14454 of 2021
K.MURALI SHANKAR, J
csm
Order made in W.P.(MD)No.14454 of 2021
Dated : 03.06.2024
2 issues framed by the court
Whether the High Court should quash the refusal to register a partition deed while a civil suit regarding ownership of the same property is pending.
Whether the civil court hearing the ownership suit should be directed to complete the trial and dispose of the suit within a stipulated period.
1 provisions across 1 enactments
R.Thangavel
The District Registrar, Palani
The Sub Registrar, Vadamadurai
Kannan
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
