Madras High Court
R.Vijayabaskar vs The Sub Registrar on 16 September, 2022
W.P.(MD).No.21942 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.21942 of 2022
R.Vijayabaskar ... Petitioner
vs.
The Sub Registrar,
Registration Department,
Ottapidaram,
Tuticorin District. ... Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, to quash the
impugned order of the respondent in his proceedings in Na.Ka.No.
293/2022, dated 30.08.2022 and direct the respondent to register the
Preliminary Decree in O.S.No.23/2014, dated 21.03.2016 and Final
Decree in I.A.No.158/2016 in O.S.No.23/2014, dated 07.03.2017, on the
file of the I Additional District Judge, Tuticorin, in the light of the
judgment reported in 2019 (3) MLJ 517 equivalent 2019 (2) CWC 314,
within the time stipulated by this Court.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21942 of 2022
For Petitioner : Mr.V.Karthikeyan
For Respondent : Mr.S.R.A.Ramachandran
Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the proceedings of
the respondent in Na.Ka.No.293/2022, dated 30.08.2022 and quash the
same and consequently direct the respondent to register the preliminary
decree in O.S.No.23 of 2014, dated 21.03.2016 and final decree in
I.A.No.158 of 2016 in O.S.No.23 of 2014, dated 07.03.2017, on the file
of the I Additional District Judge, Tuticorin, in the light of the judgment
reported in 2019 (3) MLJ 517 equivalent 2019 (2) CWC 314.
2. By consent of both parties, the writ petition is taken up for final
disposal at the stage of admission itself.
3. The case of the petitioner is that he has filed a suit in O.S.No.23
of 2014 before the 1st Additional District Judge, Tuticorin, against three
others viz., V.Krishnamoorthy, V.Muthulakshmi and K.Santhanalakshmi.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21942 of 2022
It is further stated that the trial Court has passed the preliminary decree in
favour of the petitioner on 21.03.2016 and the final decree in I.A.No.158
of 2016 in O.S.No.23 of 2014, on 07.03.2017. Thereafter, the petitioner
has given a representation dated 15.11.2021, to the respondent for
registration. But, on 30.08.2022, the respondent has rejected the
petitioner's application dated 12.08.2022. Hence, the petitioner has filed
the present writ petition, seeking to quash the impugned order of the
respondent.
4. The issue is no more res integra, as this Court in few
judgements has held that the Court decree is not compulsorily registrable
and that the limitation prescribed under the Act is not attracted for
registering a decree and registration and presentation of the decree from
the date of obtaining of certificate copy will be well within the time limit
prescribed under Section 23 of the Act. The judgment of learned Single
Judge reported in the case of S.Sarvotham vs Sub Registrar, Oulgaret,
Pondichery, reported in 2019 (3) MLJ 517 was also followed in the case
of S.Kangammal vs The Sub Registrar, Virudhunagar District, in W.P.
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W.P.(MD).No.21942 of 2022
(MD)No.26399 of 2019, dated 12.12.2019.
5. As the issue has been settled by this Court and this Court has
consistently taken the view that bar of limitation under Section 23 of the
Act is not applicable to Court Decree. Hence, the petitioner is entitled to
succeed. Accordingly, this Writ Petition is allowed and the impugned
order of the respondent dated 30.08.2022 is quashed and the respondent
is directed to register the judgment and decree in O.S.No.23 of 2014,
dated 21.03.2016 and final decree in I.A.No.158 of 2016 in O.S.No.23 of
2014, dated 07.03.2017, in the light of judgment of this Court earlier and
the order in the present Writ Petition, within a period of three weeks from
the date of receipt of a copy of this order. The petitioner is directed to
present the decree within a period of one week from the date of receipt of
a copy of this order. No costs.
16.09.2022
Index:Yes/No
Internet:Yes/No
akv
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21942 of 2022
To
The Sub Registrar,
Registration Department,
Ottapidaram,
Tuticorin District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21942 of 2022
V.BHAVANI SUBBAROYAN,J.
akv
W.P(MD)No.21942 of 2022
16.09.2022
https://www.mhc.tn.gov.in/judis
