Writ petitioner challenged District Registrar order restricting registration of documents in a property dispute. Two appeals are pending. Court quashed order and directed parties to adjudicate rights in pending second appeal.
Order quashed. Petitioner allowed to adjudicate rights in pending second appeal. No further alienation till disposal.
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W.P(MD).No.3388 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD).No.3388 of 2022 and W.M.P(MD).No.2972 of 2022
J.Ameer
... Petitioner
Vs.,
3.Rajeshwari
4.S.Ramesh Babu ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent pertaining to its order bearing Na.Ka.No.4539/E1/2020 dated 16.11.2021 and to quash the same and consequently direct the respondents to remove the endorsements made pursuant to the impugned order in the properties.
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| For Petitioner | : Mr.S.C.Herold Singh |
|---|---|
| For Respondents | : Mr.M.Siddarthan (for R1 & R2) |
| Additional Government Pleader | |
| Mr.S.Kadarkarai (for R3) | |
| Mr.M.R.Sreenivasn (For R4) |
ORDER
Challenging the impugned order passed by the District Registrar, the present writ petition has been filed.
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W.P(MD).No.3388 of 2022
pending at the stage of second appeal in S.A(MD).No.209 of 2023 before this Court. When that being so, based on the complaint of the third respondent, the District Registrar has passed an order to the effect that if any document is presented for registration by the fourth respondent or his legal heirs, the same shall not be registered and also given a direction to the registering authority if any document is presented for sale by the third respondent, the same can be registered, if it is otherwise in order. Challenging the said order, the writ petition has been filed.
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W.P(MD).No.3388 of 2022
14.08.2024 (1/2) NCC : Yes/No Index : Yes/No Rmk To 1.The District Registrar (Administration), Periyakulam, Theni District. 2.The Sub-Registrar, The Sub Registrar Office, Periyakulam, Theni District.
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W.P(MD).No.3388 of 2022
N.SATHISH KUMAR, J.
Rmk
W.P(MD).No.3388 of 2022
14.08.2024
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3 issues framed by the court
Whether the District Registrar has the authority to adjudicate title disputes pending in a civil court?
Whether the impugned order preventing registration of documents by one party to the dispute was tenable in the circumstances?
Whether the quashing of the order issuing partial injunction in a title dispute was appropriate in the facts and circumstances of the case?
3 provisions across 3 enactments
J.Ameer
The District Registrar (Administration), Periyakulam, Theni District
The Sub-Registrar, The Sub Registrar Office, Periyakulam, Theni District
Rajeshwari
S.Ramesh Babu
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
