P.Parameshwaran vs The District Registrar
2022 Latest Caselaw 8324 Mad

                                                                           Writ Appeal S.R.No.101384 of 2021

                                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          Dated: 20.04.2022

                                                                Coram:

                              THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice
                                                       and
                                 THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                  Writ Appeal S.R.No.101384 of 2021
                                                                 and
                                                        C.M.P.No.6199 of 2022
                                                                  --

                     1. P.Parameshwaran
                     2. C.Paragasam
                     3. M.K.Abdul Rahaman                                                    .. Appellants
                                                                  Vs.
                     1. The District Registrar,
                        District Registration Office,
                        Vellapadi, Vellore-632 001.

                     2. The Sub-Registrar,
                        Office of Sub-Registration Office,
                        Thirupatthur Taluk,
                        Thirupatthur District-635 601.

                     3. Basha Jathi,
                        Represented by husband and
                         Power of Attorney Mr.P.Momahed Hussain                             .. Respondents


                                  Writ Appeal filed under Clause 15 of the Letters Patent, against the order
                     dated 03.09.2021 passed by the learned Single Judge in W.P.No.18478 of 2021
                     on the file of this Court.
                                  C.M.P.No.6199 of 2022 in W.A.S.R.No.101384 of 2021 has been filed to
                     dispense with the production of the original order in W.P.No.18478 of 2021, vide

                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                         Writ Appeal S.R.No.101384 of 2021

                     order dated 03.09.2021 on the file of this Court, pending disposal of the Writ
                     Appeal.


                                  For appellant   : Mr.M.Sathish Kumar
                                  For respondents: Mr.P.Muthukumar, State Govt. Pleader for RR-1 and 2



                                                       JUDGMENT

(The Judgment of the Court was delivered by The Honourable Chief Justice)

C.M.P.No.6199 of 2022 has been filed to dispense with the production of

the original order dated 03.09.2021 passed by the learned Single Judge in

W.P.No.18478 of 2021. The order challenged in the Writ Appeal, cannot be said

to be adverse to the petitioner/writ appellant, for the reason that the final decree

in the connected suit in O.S.No.19 of 2005 on the file of the III Additional District

Court, Vellore at Thirupathur, which was to be registered, would be an issue

inter-se - parties to the suit. The writ appellant was not a party to the said suit.

Therefore, final decree has not been challenged by him. Hence, he cannot

question the direction issued by the learned Single Judge, for registration of the

final decree passed in the said suit. Accordingly, we do not find that this

application to dispense with the production of the order, has any merit, as the

writ appellant does not have locus to challenge the order passed by the learned

Single Judge. For these reasons, the petition to dispense with the production of

the order, is dismissed. Consequently, W.A.S.R.No.101384 of 2021 shall stand

Page No.2/4

https://www.mhc.tn.gov.in/judis Writ Appeal S.R.No.101384 of 2021

rejected. There shall be no order as to costs.

(M.N.B., C J) (D.B.C.J) 20.04.2022 cs

To

1. The District Registrar, District Registration Office, Vellapadi, Vellore-632 001.

2. The Sub-Registrar, Office of Sub-Registration Office, Thirupatthur Taluk, Thirupatthur District-635 601.

Page No.3/4

https://www.mhc.tn.gov.in/judis Writ Appeal S.R.No.101384 of 2021

THE HONOURABLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J

cs

Writ Appeal S.R.No.101384 of 2021 and C.M.P.No.6199 of 2022

20.04.2022

Page No.4/4

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