Rasammal vs The District Registrar
2021 Latest Caselaw 24474 Mad

                                                                                      W.P.No.26427 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 13.12.2021

                                                          CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                   W.P.No.26427 of 2021


                     Rasammal                                                   ... Petitioner

                                                             Vs

                     1. The District Registrar,
                        Ariyalur District.

                     2. The Joint Sub-Registrar-II,
                        Office of the Joint Sub-Registrar-II,
                        Ariyalur.

                     3. Ramachandran                                          ... Respondents



                                  Writ Petition is filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the second respondent to
                     register the decree passed in A.S.No.1/2014 dated 23.12.2014 passed by the
                     Additional Subordinate Court, Perambalur, without reference to the delay
                     caused for tendering the decree within a time frame fixed by this Court in
                     accordance with law.




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https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.26427 of 2021

                                  For Petitioner      :   Mr.G.Ilamurugu

                                  For Respondents     :   Mr.Yogesh Kannandasan
                                                          Special Government Pleader (for R1 & R2)

                                                          ORDER

This writ petition is filed to issue a Writ of Mandamus to direct

the second respondent to register the decree passed in A.S.No.1/2014 dated

23.12.2014 passed by the Additional Subordinate Court, Perambalur,

without reference to the delay caused for tendering the decree within a time

frame fixed that may be by this Court in accordance with law.

2. The petitioner and the third respondent's mother are the

daughters of one Thaiyamuthu, who had succeed to a larger extent of

properties and he died leaving behind his legal heirs. After his demise, the

petitioner approached her sister to effect partition of the properties that

belonged to her father and requested to allot ½ of her share in the properties

to the petitioner. Thereafter, the petitioner filed a suit in O.S.No.535 of 2007

on the file of the District Munsif Court, Perambalur for partition, which was

partly decreed by judgment and decree dated 17.07.2013. Aggrieved by the

same, the petitioner preferred First Appeal in A.S.No.7 of 2014 on the file of

https://www.mhc.tn.gov.in/judis W.P.No.26427 of 2021

the Additional Subordinate Court, Perambalur and the same was allowed by

the judgment and decree dated 23.12.2014. Accordingly, the petitioner was

allotted ½ share over the suit schedule properties. As against the said

judgment and decree, the petitioner's sister filed a Second Appeal before this

Court in S.A.No.938 of 2015. However, no interim order has been granted

and the Second Appeal is not even admitted till today.

3. While that being so, the petitioner's sister died on 12.10.2020,

leaving behind the third respondent herein to succeed to the properties of the

petitioner's sister. Now, the third respondent is attempting to make

encumbrance over the suit properties, pursuant to the mutation of the

Revenue Records. Therefore, the petitioner presented the judgment and

decree passed in Appeal Suit in A.S.No.7 of 2014 dated 23.12.2014 for

registration before the second respondent. However, it was refused to be

received by the second respondent for the reason that there is a delay in

presentation for registration. It is well settled provision of law that the time

limit stipulated under Section 23 of the Registration Act will have no

application to a Court decree. Therefore, the second respondent cannot

https://www.mhc.tn.gov.in/judis W.P.No.26427 of 2021

refuse to register any order or decree only on the ground that the same has

been presented beyond the period of limitation provided under Section 23 of

the said Act. Therefore, the second respondent shall entertain the certified

copy of the decree that is presented by the petitioner and register the same.

4. In view of the above discussion, the petitioner is directed to re-

present the certified copies of the judgment and decree passed in A.S.No.7 of

2014 dated 23.12.2014 for registration and on receipt of the same, the

second respondent is directed to register and release the same forthwith, if it

is otherwise in order.

5. With the above directions, this Writ Petition is allowed. No

costs.

13.12.2021 kv Index:Yes/No Speaking Order: Yes

https://www.mhc.tn.gov.in/judis W.P.No.26427 of 2021

To

1. The District Registrar, Ariyalur District.

2. The Joint Sub-Registrar-II, Office of the Joint Sub-Registrar-II, Ariyalur.

https://www.mhc.tn.gov.in/judis W.P.No.26427 of 2021

G.K.ILANTHIRAIYAN, J.

kv

W.P.No.26427 of 2021

13.12.2021

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