Madras High Court
P.Anandhavalli Ammal vs R.Vijayasamundeeswari on 23 September, 2021
W.A.No.1664 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A.No.1664 of 2021
and C.M.P.No.10488 of 2021
P.Anandhavalli Ammal ... Appellant
vs
1. R.Vijayasamundeeswari
2. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 035.
3. The Deputy Inspector General of Registration,
No.50, Sankara Naidu Street,
Thiruppapuliyur, Cuddalore- 607 002.
4. The District Registrar,
Registration Department,
No.63/40, Perumal Koil Street,
Tindivanam, Viilupuram District 604 001.
5. The Sub Registrar,
O/o.The Sub Registrar,
Mailam, Villupuram District ... Respondents
****
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1/6
W.A.No.1664 of 2021
Prayer : Writ Appeal filed under clause 15 of the Letters Patent to set aside the
order dated 04.03.2021 made in W.M.P.No.6203 of 2021 in W.P.No.2538 of
2021.
****
For Appellant : Mr.K.Doraisami for
M/s.Kandhan Duraisami
For Respondents : Mr.D.Ravichander
2 to 5 State Government Counsel
For Respondent-1 : Not ready in notice.
JUDGMENT
[Judgment of the Court was delivered by PUSHPA SATHYANARAYANA, J.]
This Writ Appeal is directed against the order of the learned Single Judge
dated 04.03.2021 made in W.M.P.No.6203 of 2001, which was filed by the first
respondent herein seeking to re-call the order dated 09.02.2021 made in
W.P.No.2538 of 2021.
2. On 09.02.2021, an order was passed by the Writ Court in
W.P.No.2538 of 2021 at the instance of the appellant herein, wherein, in
paragraphs 5 and 6, it has been held as follows:
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W.A.No.1664 of 2021
“5. The law declared by the Division Bench of this Court
in S.Sarvothaman case cited supra, has settled the issue. The
registration of a decree is only optional under Section 17(2) of
the Registration Act, and therefore, the limitation prescribed
under Section 23 of the Act, and the power to condone the delay
after four months as provided under Section 25 of the Act, may
not apply. There is however one exception to the rule in that,
as per Section 17(2)(vi) of the Registration Act, where in a
compromise decree, any properties other than the subject
matter of the suit (in which compromise decree is passed) is
included, then such compromise decree has to be registered
under Section 17(1) of the Act. Therefore, except the category
of compromise decrees as mentioned in Section 17(2)(vi) of the
Registration Act, for all other categories of decrees, the
Registering Authority has to register the same without
reference to any limitation.
6. So far as the decree required to register in the
present petition is concerned, the subject to what is herein
above stated, the Registering Authority is required to register
the same. The petition is allowed in the manner indicated. No
costs.”
3. The said order was sought to be reviewed by one
Vijayasamundeeswari, who is the first respondent herein. It was admitted that
the first respondent herein, who is the review petitioner, is the third party to the
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W.A.No.1664 of 2021
Second Appeal No.812 of 2013 and she preferred an impleading petition in
C.M.P.No.3417 of 2020 in the appeal, which was dismissed by this Court on
02.03.2020. It is also stated that against the order of dismissal, a Review
Petition in R.A.No.59 of 2020 was also filed and the same is pending.
4. In W.M.P.No.6203 of 2021 in W.P.No.2538 of 2021, the Writ
Court had found that since the review petition is pending, the registration of the
compromise decree may wait till the review petition is disposed of and had put
on hold the registration of the said compromise decree, against which, the
present Writ Appeal is filed.
5. The learned counsel for the appellant submitted that even notice
could not be served on the first respondent/third party, as she had vacated from
the address given. The Court notice also has been returned with an endorsement
as “party vacated”.
6. It is seen that the review petition is pending. Nonetheless, we see
no impediment for the registration of the compromise decree as per the original
order passed by the Writ Court on 09.02.2021 in W.P.No.2538 of 2021. In the
event, any intervention is made in the review petition, there can be cancellation
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W.A.No.1664 of 2021
in the registration of the compromise decree. Therefore, the original order dated
09.02.2021 made in W.P.No.2538 of 2021 is restored.
7. With the above direction, the Writ Appeal is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
23.09.2021
Index : Yes/No
srn
To
1. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 035.
2. The Deputy Inspector General of Registration,
No.50, Sankara Naidu Street,
Thiruppapuliyur, Cuddalore- 607 002.
3. The District Registrar,
Registration Department,
No.63/40, Perumal Koil Street,
Tindivanam, Viilupuram District 604 001.
4. The Sub Registrar,
O/o.The Sub Registrar,
Mailam, Villupuram District
https://www.mhc.tn.gov.in/judis/
W.A.No.1664 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.1664 of 2021
and C.M.P.No.10488 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
