Madras High Court
N.Kalavathi vs The Sub Registrar on 5 January, 2022
W.P.No.5301 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. No.5301 of 2020
N.Kalavathi ... Petitioner
-Vs-
1. The Sub Registrar,
Thiruppathur Sub Registrar Office,
Thiruppathur,
Vellore District.
2. V. Jeyaraaman ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, to call for the
records in pursuance of the impugned proceedings in Na.Ka.No.395/2019 dated
05.12.2019 on the file of the first respondent and quash the same as devoid of
merits and direct the first respondent to remove the encumbrance entry of
attachment before judgment order on the file of the II Additional Subordinate
Judge, Madurai dated 03.05.1995 from his office file with regard to the
petitioner's properties in Survey No.225/2 to the extent of 1 acre 50 cents and
S.No.239/4 to the extent of 80 cents totally 0.92.05 Hectare (Patta No.1429)
and S.No.252/4A to the extent of 0.11.5 Hectare ( Patta No.1131) are situating
at Gajalnaickenpatti, Thokkiam Village, Thiruppatur Taluk, North Arcot District
within the period stipulated by this Court.
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Page 1 of 6
W.P.No.5301 of 2020
For Petitioner : Mr.B.Thirumalai
For Respondents
For R1 : Mr.Yogesh Kannadasan
Special Government Pleader
For R2 : Mr.S. Prabhu
ORDER
The Writ Petition has been filed to call for the records in pursuance
of the impugned proceedings in Na.Ka.No.395/2019 dated 05.12.2019 on the
file of the first respondent and quash the same as devoid of merits and direct the
first respondent to remove the encumbrance entry of attachment before judgment
order on the file of the II Additional Subordinate Judge, Madurai dated
03.05.1995 from his office file with regard to the petitioner's properties in
Survey No.225/2 to the extent of 1 acre 50 cents and S.No.239/4 to the extent of
80 cents totally 0.92.05 Hectare (Patta No.1429) and S.No.252/4A to the extent
of 0.11.5 Hectare ( Patta No.1131) are situating at Gajalnaickenpatti, Thokkiam
Village, Thiruppatur Taluk, North Arcot District within the period stipulated by
this Court.
2. The case of the petitioner is that she owned property comprised in
survey No.225/2 to the extent of 1.50 acres and the property comprised in
S.No.252/4A to an extent of 80 cents under patta No.1429 and the property
comprised in S.No.252/4A to an extent of 0.11.5 Hectare under patta No.1131,
https://www.mhc.tn.gov.in/judis
W.P.No.5301 of 2020
situated at Gejalnaickenpatti, Thokkiam Village, Thiruppatur Taluk, North Arcot
District. Originally the subject properties were belonged to her husband
G.Nagarajan and he settled the property in survey No.252/4A to the extent of
0.11.5 Hectare, in her favour by the settlement deed dated 09.02.2000.
Thereafter, he also sold out the properties comprised in survey No.225/2 to the
extent of 1.50 acres and S.No.239/4 to the extent of 80 cents to one Mahesh by
the registered sale deed dated 15.02.2001. In turn, he sold out the entire
property to the petitioner by the registered sale deed dated 14.07.2008.
3. Thereafter, the petitioner applied for encumbrance certificate and
came to understand that an order of attachment before the judgment passed in
I.A.No.86 of 1995 in O.S.No.311 of 1995 dated 03.05.1995 on the file of the II
Additional Subordinate Court, Madurai, was found in the encumbrance. She also
came to understand that the said suit was a money suit filed by the second
respondent and the same was decreed exparte and the second respondent has
been filed execution petition in I.A.No.86 of 1995 before the II Additional
Subordinate Court, Madurai, to transmit the decree to file the execution petition
before the jurisdictional Court and thereafter he has not filed any execution
petition.
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W.P.No.5301 of 2020
4. Heard Mr.B.Thirumalai, learned counsel appearing for the
petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the first respondent and Mr.S.Prabhu, learned counsel appearing
for the second respondent.
5. The learned counsel appearing for the petitioner submitted that the
matter has been settled out of Court and the entire decree amount had been paid
to the second respondent.
6. The learned counsel appearing for the second respondent concedes
the submission made by the petitioner's counsel and he had no objection to
remove the endorsement entry of attachment before the judgment in the
encumbrance of the subject property.
7. Considering the above submission, the second respondent is
directed to remove the encumbrance entry of attachment before judgment made
in I.A.No.86 of 1995 in O.S.No.311 of 1995 in respect of the property
comprised in Survey No.225/2 to the extent of 1 acre 50 cents and S.No.239/4
to the extent of 80 cents totally 0.92.05 Hectare (Patta No.1429) and
S.No.252/4A to the extent of 0.11.5 Hectare ( Patta No.1131), situated at
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W.P.No.5301 of 2020
Gajalnaickenpatti, Thokkiam Village, Thiruppatur Taluk, North Arcot District,
within a period of two weeks from the date of receipt of a copy of this Order.
8. With the above directions, the Writ Petition stands allowed. There
shall be no order as to costs.
05.01.2022
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
G.K.ILANTHIRAIYAN. J.,
This matter is listed today under the caption 'for being mentioned' at the
instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner submitted that in para.7 of the
order dated 05.01.2022, in the first line instead of first respondent it has been
erroneously stated as second respondent.
3. In view of the same, Registry is directed to modify the word second
respondent as first respondent in para 7 of the order dated 05.01.2022 and issue
fresh order copy to the parties concerned. All other conditions in the said order
shall remain intact.
16.02.2022
aav
https://www.mhc.tn.gov.in/judis
W.P.No.5301 of 2020
G.K.ILANTHIRAIYAN, J.
rts
To
1. The Sub Registrar,
Thiruppathur Sub Registrar Office,
Thiruppathur,
Vellore District.
W.P. No.5301 of 2020
05.01.2022
https://www.mhc.tn.gov.in/judis
