Bhagwan Das Mangal vs The Sub Registrar (Registration)
2021 Latest Caselaw 877 Mad

                                                                                 WA.No.1164 of 2020


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 11.01.2021

                                                        CORAM :

                              The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
                                                          AND
                            The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                               W.A.No.1164 of 2020
                                      and C.M.P.Nos.14435 and 14422 of 2020


                     Bhagwan Das Mangal                                      .. Appellant

                                                          -vs-

                     1.The Sub Registrar (Registration),
                       Office of Sub Regisrar,
                       Neelangarai, Chennai – 41.

                     2.Madhusudan Futnani
                     3.M.F.Arul
                     4.Rajiv Mangal                                          .. Respondents


                               Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 25.11.2019 passed in W.P.No.16642 of 2009 on the file of
                     this Court.


                                    For Appellant           : Mr.A.Palaniappan

                                    For Respondent          : Mr.T.M.Pappiah
                                                              Spl.G.P. for R-1


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                      WA.No.1164 of 2020




                                                              JUDGMENT

(Delivered by The Hon'ble Chief Justice)

The writ petition was instituted upon the second respondent to

the writ petition, a private party, unilaterally annulling a Deed of Sale

executed by such respondent in favour of the writ petitioner appellant.

2.By the judgment and order impugned dated November 25,

2019, the Court of the first instance has permitted the suit filed by the

writ petitioner to be transferred to the appropriate Court and a

time-frame has also been indicated.

3.There can be no dispute that the private dispute between the

writ petitioner and the second respondent to the petition ought not to

be addressed in proceedings under Article 226 of the Constitution. To

such extent, the order impugned cannot be faulted.

4.However, the writ petitioner says that following the bifurcation

of the jurisdiction in the relevant Court, the directions issued at

https://www.mhc.tn.gov.in/judis/ WA.No.1164 of 2020

paragraph 5 of the impugned order become onerous. In view of such

submission, the directions contained in paragraph 5 of the impugned

order, which were issued only to facilitate the writ petitioner, are set

aside and the writ petitioner is left free to pursue the appropriate suit

in accordance with law.

With the above observation, the Writ Appeal, W.A.No.1164 of

2020, stands disposed of. Nothing observed in the order impugned

herein will prejudice either set of parties in the pending suit. It will be

open to the appellant to request the appropriate Court to dispose of

the suit as expeditiously as the business of that Court would permit.

There shall be no order as to costs. Consequently, C.M.P.Nos.14434

and 14222 of 2020 stand closed.

                                                                 (S.B., CJ.)      (S.K.R., J.)
                                                                           11.01.2021

                     Index          : No

                     sra

https://www.mhc.tn.gov.in/judis/ WA.No.1164 of 2020

The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.

(sra) To

1.The Sub Registrar (Registration), Office of Sub Regisrar, Neelangarai, Chennai – 41.

W.A.No.1164 of 2020

11.01.2021

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