Madras High Court
C.P.Arul Prakash vs The District Registrar ... on 22 December, 2021
W.P.No.27642 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.27642 of 2021
C.P.Arul Prakash ... Petitioner
Vs
1. The District Registrar (Registration Department),
Office of the District Registrar,
Coimbatore District Collectorate Complex,
Coimbatore.
2. The Sub Registrar,
Anaimalai Sub Registrar Office,
Anaimalai,
Anaimalai Taluk,
Coimbatore District. ... 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 sale deed in T.P.No.105868025/2021 dated 30.09.2021 and
presented on 30.09.2021 and return the original document of sale deed after
due registration to the petitioner.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.27642 of 2021
For Petitioner : Mr.Purushothaman
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This writ petition is filed to issue a Writ of Mandamus, to direct
the second respondent to register the sale deed in T.P.No.105868025/2021
dated 30.09.2021 and presented on 30.09.2021 and return the original sale
deed after due registration to the petitioner.
2. The petitioner purchased the properties comprised in
S.No.11/1A1 ad-measuring an extent of 0.95.50 hectares, S.No.11/1A7 ad-
measuring an extent of 0.54.50 hectares, S.No.11/1A5, ad-measuring an
extent of 0.05.0 hectares and S.No.11/1A6 ad-measuring an extent of
0.06.87 hectares, situated at Odaiyakulam Village, Anaimalai Taluk
Coimbatore District from Ramasamy, Palanichamy, Ranganathan and
Vijayalakshmi, by the sale deed dated 30.09.2021. The said sale deed was
presented for registration on payment of requisite stamp duties as well as
registration fees. However, the second respondent orally informed the
petitioner as if there were “attachment before judgment” ordered by the
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W.P.No.27642 of 2021
District Munsif Court, Pollachi and the Subordinate Court, Pollachi and as
such, the second respondent refused to register the same and returned the
document to the petitioner. On verification, it was found that there is a
reflection about “attachment before judgment” order passed on 29.08.2000,
29.08.2000 and 07.09.2000 by the District Munsif Court, Pollachi and dated
13.06.2001 passed by the Subordinate Court, Pollachi. The said four
“attachment before judgment” orders have been passed in O.S.No.272 of
2000, O.S.No.271 of 2000 and O.S.No.213 of 2000 on the file of the
District Munsif Court, Pollachi and O.S.No.205 of 2000 on the file of the
Subordinate Court, Pollachi. Subsequently, the suit in O.S.No.272 of 2000
was dismissed for default on 25.07.2001. In O.S.No.271 of 2000, an ex-
parte decree was passed on 17.12.2002 and attachment itself has been raised
on 15.11.2017. In O.S.No.213 of 2000, an ex-parte decree was passed on
22.02.2001 and in O.S.No.205 of 2000, an ex-parte decree was passed on
22.02.2001. However, till date, no execution petition has been filed by the
decree-holders on the strength of the ex-parte decree dated 22.02.2001. The
decree was passed in the money suit and it ought to have been executed
within a period of 12 years and as such, now it is clearly barred by
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W.P.No.27642 of 2021
limitation and when the very execution of decree itself is barred by
limitation, no “attachment before judgment” is pending as against the
subject property.
3. In this regard, it is relevant to rely upon a judgment of this
Court in W.P.No.36079 of 2015, dated 04.03.2016 (S.Praveen Bohra vs.
Joint-I Sub-Registrar) and this Court held that it is well settled principle of
law that the order of attachment cannot be a bar to register the document.
The sale of the subject property, pending the order of attachment is void
only as against the claims enforceable under the order of said attachment
and not in respect of other claims. Therefore, the sale of the property
attached cannot be construed as illegal sale. The decree holder can very well
proceed as against the property.
4. In view of the above, the petitioner is directed to re-present the
sale deed for registration before the second respondent and on receipt of the
same, the second respondent is directed to register the said document and
release the same forthwith, if it is otherwise in order.
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W.P.No.27642 of 2021
5. With the above direction, this Writ Petition is disposed of. No
costs.
22.12.2021
Index:Yes/No
Speaking Order: Yes
kv
To
1. The District Registrar (Registration Department),
Office of the District Registrar,
Coimbatore District Collectorate Complex,
Coimbatore.
2. The Sub Registrar,
Anaimalai Sub Registrar Office,
Anaimalai,
Anaimalai Taluk,
Coimbatore District.
https://www.mhc.tn.gov.in/judis
W.P.No.27642 of 2021
G.K.ILANTHIRAIYAN, J.
kv
W.P.No.27642 of 2021
22.12.2021
https://www.mhc.tn.gov.in/judis
