N.Balakrishnan vs P.Kandasamy
2022 Latest Caselaw 11229 Mad

                                                                                 W.A.No.1000 of 2022



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 27.06.2022

                                                         CORAM :

                          THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                              AND
                                         THE HON'BLE MRS.JUSTICE N.MALA


                                                W.A.No.1000 of 2022

                     N.Balakrishnan                                         ..   Appellant

                                                        Vs.

                     1. P.Kandasamy

                     2. The Inspector General of Registration
                        Santhome High Road
                        Santhome
                        Chennai 600 028.

                     3. The Sub Registrar
                        Madukarai Sub Registrar Office
                        Coimbatore District.                                ..   Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 16.03.2022 made in W.P.No.4151 of 2022.



                                    For the Appellant          :    Mr.AR.L.Sundaresan
                                                                    Senior Counsel
                                                                    for Mr.V.P.Raju



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                                                                                   W.A.No.1000 of 2022




                                       For the Respondents      :   Mr.P.Camyles Gandhi
                                                                    For Mr.P.Saravana Sowmiyan
                                                                    for Respondent-1

                                                                    Mr.P.Muthukumar
                                                                    State Government Pleader
                                                                    Assisted by
                                                                    Mrs.R.Anitha
                                                                    Special Government Pleader
                                                                    for Respondents 2 & 3


                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The writ appeal has been filed challenging the order dated

16.03.2022.

2. By the impugned order, the writ petition was allowed,

quashing the order passed by the second respondent. It was with a

direction to the writ petitioner/non-appellant to submit the

settlement deed along with a copy of that order before the third

respondent for registering the same in accordance with law within

four weeks thereafter. It was made clear that the registration of the

said settlement deed is subject to the judgment/order in O.S.No.6

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of 2022 pending on the file of the III Additional District Judge,

Coimbatore.

3. While hearing the appeal on 09.06.2022, this Court

adjourned the matter to enable the non-appellant to file his own

undertaking and of his daughters to the effect that during the

pendency of the suit before the Court at Coimbatore, the property

in question would not be alienated.

4. Learned counsel for the appellant submitted that if such an

undertaking is furnished, it would satisfy the grievance of the

appellant against the interim order and accordingly, the appeal may

be disposed of, after recording the undertaking of the nature

required.

5. The non-appellant has furnished three undertakings to the

effect that during the pendency of the civil suit, they will not

alienate/create charge/any kind of encumbrance over the property.

The undertakings have been given by the non-appellant and his two

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daughters, thus satisfying the issue raised by the appellant.

6. In view of the above, the writ appeal is disposed of,

recording the undertaking of the non-appellant and his two

daughters that they will not alienate/create charge/any kind of

encumbrance over the property in question. There will be no order

as to costs. Consequently, CMP No.6358 of 2022 is closed.

                                                                (M.N.B., CJ.)      (N.M., J.)
                                                                          27.06.2022

                     Index : Yes/No

                     kpl


                     To

1. The Inspector General of Registration Santhome High Road Santhome Chennai 600 028.

2. The Sub Registrar Madukarai Sub Registrar Office Coimbatore District.

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https://www.mhc.tn.gov.in/judis W.A.No.1000 of 2022

THE HON'BLE CHIEF JUSTICE AND N.MALA, J.

kpl

W.A.No.1000 of 2022

27.06.2022

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