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R.Murugan v. The Sub Registrar

Madras HC5 Jan 2026WP(MD)/36614/2025

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench), W.P.(MD) No.36614 of 2025, decided 05.01.2026, Justice Krishnan Ramasamy (single judge): writ petition by R.Murugan against refusal slip RFL/Devaram/19/2025 dated 11.12.2025 issued by the Sub-Registrar, Devaram, Theni District, refusing registration of a sale agreement because a partition suit was pending; petition allowed under Article 226; refusal slip set aside; registration directed forthwith, sale subject to outcome of partition suit; key point: pendency of a civil suit is not a bar to registration; purchaser bears the risk; no costs.

What did the court decide?

Impugned refusal check slip dated 11.12.2025 set aside; respondent directed to register the sale agreement presented by the petitioner forthwith, the sale being expressly subject to the outcome of the partition suit; no order as to costs.

R.Murugan Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

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W.P.(MD) No.36614 of 2025

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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

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DATED: 05.01.2026

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CORAM

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THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

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W.P.(MD)No.36614 of 2025

R.Murugan

... Petitioner

The Sub-Registrar, Devaram Sub Registrar Office, Devaram, Theni District. ... Respondent

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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 the impugned refusal slip issued by the respondent in Refusal Number:RFL/Devaram/19/2025, dated 11.12.2025 and quash the same as illegal and consequently, directing the respondent to register the sale agreement produced by the petitioner within a time frame as fixed by this Court.

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For Petitioner : Mr.A.Karthik

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For Respondent : Mr.K.S.Selvaganesan, Addl. Govt. Pleader

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

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W.P.(MD) No.36614 of 2025

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O R D E R

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This Writ Petition is filed challenging the impugned refusal slip issued by the respondent in Refusal Number:RFL/Devaram/19/2025, dated 11.12.2025 and seeking for a consequential direction, directing the respondent to register the sale agreement produced by the petitioner within a time frame as fixed by this Court.

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2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

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3. It is the grievance the petitioner that when the petitioner presented a sale agreement for registration, the same was refused to be registered on the ground that a civil suit is pending. Challenging the same, the petitioner has filed this Writ Petition.

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4. The learned counsel appearing for the petitioner would

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submit that without any valid document, one of the grandson of the original owner has filed a suit for partition. He would further submit that mere pendency of a civil suit is not a bar to register the document and if 2/6

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

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W.P.(MD) No.36614 of 2025

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any sale is made, the same will be subject to the outcome of the suit. Hence, the impugned order is liable to be dismissed.

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5. The learned Additional Government Pleader appearing for

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the respondent would submit that since a partition suit is pending, the respondent refused to register the document. Hence, opposed this Writ Petition.

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6. Considering the facts and circumstances of the case, this

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Court is of the view that the issue is no longer res integra and this Court already in several judgments has held that mere pendency of a civil suit will not be a ground for refuse to register the document. It is at the risk of the party to purchase the property during the pendency of the suit. Such sale is always subject to the result of the suit. Therefore, I do not find any impediment for the respondent to register the sale agreement presented by the petitioner. Hence, the impugned order is liable to be set aside.

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7. Accordingly, the impugned refusal check slip issued by the respondent dated 11.12.2025 is set aside and the Writ Petition is

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

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W.P.(MD) No.36614 of 2025

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allowed. The respondent is directed to register the sale agreement presented by the petitioner forthwith. However, it is made clear that the sale will be subject to the outcome of the partition suit. There shall be no order as to costs.

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05.01.2026

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Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No

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vsm

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

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W.P.(MD) No.36614 of 2025