Madras High Court
Natarajan vs The District Registrar on 13 July, 2021
W.P.No.19606 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.19606 of 2019
Natarajan,
S/o. Late Marappa Nadar ... Petitioner
Vs.
1. The District Registrar,
Tiruppur District,
Tiruppur.
2. The Sub-Registrar,
O/o. The Sub-Registrar,
Avinashi,
Tiruppur Dt.
3. Muthusamy,
S/o. Late Marappa Nadar .. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order passed by the 2nd respondent dated
10.04.2019 refusing to register the Court decree dated 07.12.2018 made in
O.S.No.392 of 2016 on the file of Subordinate Court, Avinashi, Tiruppur
District in respect of the property comprised in Survey Nos.661 and 5431
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W.P.No.19606 of 2019
situate at Pudhupalayam Village, Avinashi Taluk, Tiruppur District (the then
Coimbatore District) and to quash the same and consequently direct the 2nd
respondent to register the said decree and to return the documents forthwith.
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.Yogesh Kannadasan,
Government Advocate for R1 & R2
Mr.S.Mukunth for
M/s.Sarvabhauman Associates for R3
ORDER
(The case has been heard through video conference)
The Writ Petition has been filed challenging the order passed by the
2nd respondent Sub-Registrar refusing to register judgment and decree passed
by the trial court on the ground that challenging the judgment and decree
passed in the suit, an appeal has been filed and the first appellate court has
also stayed the judgment and decree passed by the Trial Court and in the
above circumstances, the 2nd respondent Sub-Registrar, after getting legal
opinion returned the document without registering the judgment and decree.
2. Mr.C.Prabakaran, learned counsel appearing for petitioner would
submit that, even though the judgment and decree passed by the trial court
was subjected to appeal, only in order to avoid multiplicity of proceedings,
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W.P.No.19606 of 2019
he wanted to register the judgment and decree and the pendency of the
appeal is not a bar for registering the judgment and decree.
3. Mr.S.Mukunth, learned counsel appearing for 3rd respondent would
submit that, even though the trial court had decreed the suit, now the first
appellate court has stayed the operation of the decree and the appeal is also
pending. In the said circumstances, unless the first appellate court decides
the issue, there is no purpose would be served in registering the judgment
and decree passed by the trial court. Hence, the 2nd respondent Sub-Registrar
has rightly refused to register the document.
4. Heard rival submissions made by learned counsel appearing for
petitioner as well as learned Government Advocate appearing for
respondents 1 and 2 and also learned counsel appearing for 3rd respondent
and perused the records.
5. Considering the fact that, now the judgment and decree passed by
the trial court is the subject matter of appeal and admittedly, the first
appellate court stayed the operation of decree passed in the suit and appeal is
pending. In view of the stay granted by the trial court, the decree passed in
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W.P.No.19606 of 2019
the suit is not in operation. Hence, no purpose would be served in
registering the judgment and decree passed by the trial court. Considering
those circumstances, the 2nd respondent Sub-Registrar has rightly returned
the judgment and decree and refused to register the same and I find no
illegality in the order passed by the 2nd respondent. However, in the event of
any decree passed by the first appellate court in favour of petitioner, it is
always open to him to approach the 2nd respondent seeking for registration of
the judgment and decree. Accordingly, this Writ Petition stands dismissed.
No costs.
13.07.2021
rpp
To
1. The District Registrar,
Tiruppur District,
Tiruppur.
2. The Sub-Registrar,
O/o. The Sub-Registrar,
Avinashi,
Tiruppur Dt.
https://www.mhc.tn.gov.in/judis/
W.P.No.19606 of 2019
V.BHARATHIDASAN, J.
rpp
W.P.No.19606 of 2019
13.07.2021
https://www.mhc.tn.gov.in/judis/
