Madras High Court
Venkatesh vs The Sub-Registrar on 22 December, 2021
W.P.No.27323 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.27323 of 2021
Venkatesh ... Petitioner
Vs
The Sub-Registrar,
Registration Department,
Hosur,
Krishnagiri District. ... Respondent
Writ Petition is 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 Check Slip” dated 12.11.2021 vide
Refusal Number in RFL/Hozur/48/2021 on the file of the respondent herein,
quash the same and consequently direct the respondent herein to register the
judgment and decree dated 16.09.2016 passed in O.S.No.37/2016 on the file
of the District Munsif-cum-Judicial Magistrate Court No.1, Hosur.
For Petitioner : Mr.K.Govi Ganesan
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.27323 of 2021
ORDER
This writ petition is filed to issue a Writ of Certiorarified
Mandamus, to call for the records relating to the impugned “Refusal Check
Slip”, dated 12.11.2021, vide Refusal Number in RFL/Hozur/48/2021 on the
file of the respondent herein, quash the same and consequently direct the
respondent herein to register the judgment and decree dated 16.09.2016
passed in O.S.No.37/2016 on the file of the District Munsif-cum-Judicial
Magistrate Court No.1, Hosur.
2. The petitioner along with his family members filed a suit in
O.S.No.37 of 2016 on the file of the District Munsif-cum-Judicial Magistrate
Court No.1, Hosur, for declaration of title to declare the Power of Attorney
dated 02.05.1989 executed in the name of the defendant therein as null and
void and for consequential injunction. It was decreed ex-parte by judgment
and decree dated 16.09.2016. The said judgment and decree became final,
since so far, no application is filed to set aside the ex-parte decree.
Thereafter, the petitioner presented the said decree for registration before the
respondent on 12.10.2021. However, the respondent refused to receive the
https://www.mhc.tn.gov.in/judis
W.P.No.27323 of 2021
same for the reason that the decree was presented for registration belatedly
as contemplated under Sections 23 and 25 of the Registration Act read with
Rule 16(vi) of the Registration Rules. This Court already held that limitation
prescribed under Sections 23 and 25 of the said Act will not apply to a
decree, since it is not compulsorily registrable. In support of the said
contention, the learned counsel for the petitioner relied upon a judgment of
this Court in a batch of Writ Petitions in WP.No.4591 of 2020, etc. dated
29.07.2021, in which, this Court relied upon the judgments of various High
Courts and held that the limitation prescribed under Section 23 of the
Registration Act, 1908, would not stand attracted for presenting a decree or
order of a civil court for registration.
3. In view of the above, the impugned Refusal Check Slip is no
sustainable and it is liable to be set aside. Accordingly, the impugned
Refusal Check Slip dated 12.11.2021 issued by the respondent is quashed.
The petitioner is directed to re-present the decree dated 16.09.2016 for
registration before the respondent. On receipt of the same, the respondent is
directed to register and release the same forthwith.
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W.P.No.27323 of 2021
4. With the above direction, this Writ Petition is allowed. No costs.
22.12.2021
Index:Yes/No
Speaking Order: Yes
kv
To
The Sub-Registrar,
Registration Department,
Hosur,
Krishnagiri District.
G.K.ILANTHIRAIYAN, J.
https://www.mhc.tn.gov.in/judis
W.P.No.27323 of 2021
kv
W.P.No.27323 of 2021
22.12.2021
https://www.mhc.tn.gov.in/judis
