Allowed

M/s.Shaptharishi Research and Medical Foundation v. The District Registrar

Madras HC24 Jul 2024WP(MD)/2160/2024

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register a judgment and decree. Court quashed the Refusal Check Slip, holding that being a party to the suit proceedings suffices to seek registration, and permitted re-presentation of the document.

What did the court decide?

Impugned refusal check slip quashed; petitioner permitted to re-present the document for registration subject to usual formalities.

M/s.Shaptharishi Research and Medical… — Civil Procedure and Limitation | Madras HC (2024)

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W.P(MD)No.2160 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.07.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.2160 of 2024

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M/s.Shaptharishi Research & Medical Foundation, Represented by its Secretary, K.Sundararajan, S/o.Kandasamy, 209, North Street, ParamathiVelur Post, Namakkal District. ... Petitioner

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Vs.

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1.The District Registrar, Karur Registration Department, Karur District.

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2.The Sub Registrar, Nangavaram Sub Registrar Office, Nangavaram, Kulithalai Taluk, Karur District. ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Refusal Check Slip in refusal number RFL/NANGAVARAM/5/2024 dated 22.01.2024 on the file of the second respondent and quash the same and consequently direct the respondent to 1/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.2160 of 2024

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register the judgement and decree passed in O.S.No.249 of 2006 dated 02.01.2018 on the file of the District Munsif Court, Kulithalai and the Decree passed in A.S.No.13 of 2018 on the file of Learned Sub Court Kulithalai within a time frame fixed by this Court.

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For Petitioner : Mr.I.Velpradeep For Respondents : Mr.B.Saravanan

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Additional Government Pleader

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ORDER

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Heard both sides.

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2.The petitioner wants to register the petition mentioned judgments

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and decrees. Request of the petitioner was rejected by the second respondent on the ground that the petition mentioned judgments and decrees do not appear to confer any right on the petitioner.

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3.This is beside the point. The petitioner is very much a party to

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the suit proceedings. Therefore, irrespective of the outcome, the petitioner can very well seek their registration. The impugned refusal check slip is quashed. The petitioner is permitted to re-present the document. It shall be registered subject to the fulfilment of the other usual formalities.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.2160 of 2024

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4.This writ petition is allowed accordingly. There shall be no order

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as to costs.

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24.07.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No MGA

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1.The District Registrar, Karur Registration Department, Karur District.

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2.The Sub Registrar, Nangavaram Sub Registrar Office, Nangavaram, Kulithalai Taluk, Karur District.

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https://www.mhc.tn.gov.in/judis

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3/4

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W.P(MD)No.2160 of 2024

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G.R.SWAMINATHAN,J.

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MGA

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W.P(MD)No.2160 of 2024

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24.07.2024

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https://www.mhc.tn.gov.in/judis

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M/s.Shaptharishi Research and Medical Foundation v. The District Registrar

Case brief

What is this about?

What did the court decide?

M/s.Shaptharishi Research and Medical Foundation v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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