K.Venkatachalam vs The Joint No.3 Sub-Registrar
2021 Latest Caselaw 15291 Mad

                                                                                W.P.No.13352 of 2021




                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 29.07.2021

                                                     CORAM:

                          THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
                                             W.P.No.13352 of 2021
                                                     and
                                            W.M.P. No.14182 of 2021

                   K.Venkatachalam,
                   S/o. M.Krishnan                                              ... Petitioner


                                                        Vs.

                   The Joint No.3 Sub-Registrar,
                   Salem (West),
                   Office of Sub-Registrar (West),
                   Salem.                                                     ... 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 with respect of the impugned order passed by the respondent dated

                   05.05.2021 in his proceedings RFL/Salem West Joint III/4/2021 and quash

                   the same, consequently direct the respondent to register the compromise

                   decree passed in O.S.No.337 of 2019 dated 08.02.2020 on the file of II

                   Additional Sub-Judge, Salem (Lok Adalat Case No.91 of 2020 on the file of

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                                                                                     W.P.No.13352 of 2021

                   Lok Adalat, Salem) within a stipulated period as fixed by this Hon'ble Court.

                                For Petitioner       :      Mr.R.Nalliyappan

                                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-Registrar refusing to register a compromise decree passed by

the civil court on the ground that the document has been filed beyond the

period of limitation.

2. The grievance of the petitioner is that, the petitioner is 4 th respondent

in a partition suit and the suit has been compromised. Based on that, a

compromise decree has been passed by the civil court. Thereafter, as the

petitioner wants to register the same, he has presented the document before

the respondent on 05.05.2021. On the same day, the respondent had returned

the document on the ground that the document has been filed belatedly.

Now, challenging the said order, the present writ petition has been filed by

the petitioner.

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W.P.No.13352 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, connected Writ Miscellaneous Petition is closed.

29.07.2021 rpp

To

The Joint No.3 Sub-Registrar, Salem (West), Office of Sub-Registrar (West), Salem.

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W.P.No.13352 of 2021

V.BHARATHIDASAN, J.

rpp

W.P.No.13352 of 2021

29.07.2021

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