W.P.(MD).No.24686 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.24686 of 2022
Malar ... Petitioner
vs.
The Sub Registrar,
Alanganallur
Madurai District. ... Respondent
PRAYER:- Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondent to remove
the entry made by the respondent in the encumbrance book with respect
to order of attachment before judgment in I.A.No.130/2014 in O.S.No.
372/2014 on the file of Additional Sub Court, Madurai, by taking note of
the compromise decree in respect of property in S.No.56/1A situated in
Keelachinnampatti Village, Vadipatti Taluk, Madurai District, within the
time stipulated by this Court, in the light of petitioners representation
dated 07.09.2022.
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W.P.(MD).No.24686 of 2022
For Petitioner : Mr.S.Prabhu
For Respondent : Mr.S.R.A.Ramachandran
Additional Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of
Mandamus, directing the respondent to remove the entry made by the
respondent in the encumbrance book with respect to the order of
attachment before judgment in I.A.No.130/2014 in O.S.No.372/2014 on
the file of Additional Sub Court, Madurai, by taking note of the
compromise decree in respect of the property in S.No.56/1A situated in
Keelachinnampatti Village, Vadipatti Taluk, Madurai District.
2. Heard Mr.S.Prabhu, learned counsel appearing for the petitioner
and Mr.S.R.A.Ramachandran, learned Additional Government Pleader
appearing for the respondent.
3. The case of the petitioner is that she has purchased the property
from one Meena vide Document No.1552/2016, dated 18.04.2016.
Before purchasing the said property, there was a money dispute between
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the said Meena and one K.A.Muthukumar. Therefore, a civil suit was
instituted against the said Meena in O.S.No.372 of 2014 before the
Additional Sub-Court, Madurai for recovery of money. An interlocutory
application was also filed along with the said suit for attachment before
judgment. Since the petitioner's vendor failed to furnish security, there
was an order of attachment before judgment in I.A.No.130/2014 and the
same was also entered in the Encumbrance Book of the respondent
herein. Since there is no pendency of suit, the petitioner has purchased
the said property in S.No.56/1A to an extent of 19 cents. While so, the
said suit was restored for the purpose of entering into the compromise
between the petitioner's vendor and the plaintiff K.A.Muthukumar and
the petitioner's vendor settled the entire amount to the plaintiff
K.A.Muthukumar. Thereafter, the petitioner has approached the Bank to
avail a loan by mortgaging the said property and she came to know that
the order of attachment before judgment is reflecting in the encumbrance
certificate, despite the main suit was compromised in favour of his
vendor. Therefore, she cannot avail any financial assistance from the
Bank. In this regard, she has made a representation to the respondent on
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07.09.2022. But, so far EC entry is not yet removed by the respondent.
Hence, the present writ petition has been filed.
4. Considering the above said facts, this Court directs the
petitioner to produce all the relevant documents before the first
respondent and the first respondent is directed to remove the entry made
in the Encumbrance Book with respect to the order of attachment before
judgment in I.A.No.130/2014 in O.S.No.372/2014 on the file of
Additional Sub Court, Madurai, by considering the compromise decree in
respect of the property in S.No.56/1A situated in Keelachinnampatti
Village, Vadipatti Taluk, Madurai District. The entire exercise shall be
completed within a period of eight weeks from the date of receipt of a
copy of this order.
5. With the above directions, this Writ Petition is disposed of. No
costs.
01.11.2022
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To
The Sub Registrar, Alanganallur Madurai District.
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V.BHAVANI SUBBAROYAN,J.
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