Jayabharathi vs The Sub-Registrar
2021 Latest Caselaw 15290 Mad

                                                                               W.P.No.15541 of 2021




                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 29.07.2021

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
                                            W.P.No.15541 of 2021
                                                    and
                                           W.M.P. No. 16458 of 2021
                  Jayabharathi,
                  W/o. Late Gunasekaran                                    ... Petitioner


                                                       Vs.

                  The Sub-Registrar,
                  Avalpoondurai Registrar Office,
                  Erode Dt.                                                 ... Respondent


                  Prayer : Writ Petition is filed under Article 226 of the Constitution of India

                  praying for the issuance of a Writ of Certiorarified Mandamus, calling for

                  the records relating to the impugned order made in Check Slip dated

                  29.06.2021 in RFL/Avalpoondurai/60/2021 by the respondent, quash the

                  same and consequently direct the respondent to register the judgment and

                  decree dated 04.08.2017 made in O.S.No.126 of 2017 passed by I Addl.

                  Subordinate Court, Erode.



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                                                                                W.P.No.15541 of 2021

                                    For Petitioner   :     Mr.R.Prabakar

                                    For Respondent :       Mr.Yogesh Kannadasan,
                                                           Government Advocate


                                                         ORDER

(The case has been heard through video conference)

The Writ Petition has been filed challenging the order passed by the

respondent Sub-Register to register the decree passed by the civil court on

the ground that it was presented beyond the period of limitation prescribed

under Sec.23 of Registration Act.

2. The grievance of the petitioner is that, the petitioner wants to

register the civil court decree passed by the I Addl. Subordinate Court, Erode

in O.S.No.126 of 2017, wherein the title of the petitioner is declared and he

has presented the same before the respondent for registration. The

respondent refused to register the document for registration on the ground

that it has been filed beyond the period of limitation prescribed under Sec.23

of Registration Act. Challenging the said order, the present Writ Petition has

been filed by the petitioner.

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

W.P.No.15541 of 2021

3. Considering the fact that, this Court in a judgment passed W.P.

Nos. 4591 of 2020, 13022 etc. of 2021 dated 29.07.2021 has held that the

limitation prescribed under Sec.23 of the Registration Act is not applicable

for registering the decree, the respondent cannot refuse to register the decree

on the ground of delay. In the said circumstances, the order passed by the

respondent Sub-Registrar is set aside, and the respondent Sub-Registrar is

directed to register the document within a period of two weeks from the date

of receipt of a copy of this order without any reference to the limitation

prescribed under Section 23 of the Registration Act, if the document is

otherwise in order. Accordingly, this Writ Petition stands allowed. No

costs. Consequently, the connected Writ Miscellaneous Petition is closed.

29.07.2021 rpp

To

The Sub-Registrar, Avalpoondurai Registrar Office, Erode Dt.

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

W.P.No.15541 of 2021

V.BHARATHIDASAN, J.

rpp

W.P.No.15541 of 2021

29.07.2021

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