Madras High Court
Ponnammal vs The Sub-Registrar on 18 October, 2024
W.P.No.30261 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.30261 of 2024
Ponnammal ...Petitioner
Vs.
1.The Sub-Registrar
Sub-Registrar Office
Annur, Coim District.
2.The Inspector General of Registration
100, Santhome High Road, Mullima Nagar
Mandavelipakkam, Raja Annamalai Puram
Chennai 600 028. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from
alienate the writ mentioned property at which is extent of 1.99 acres in
S.F.No.20/1, an extent of 3.96 acres in S.F.No.20/4, an extent of 1.86 acres in
https://www.mhc.tn.gov.in/judis
1/5
W.P.No.30261 of 2024
S.F.No.20/2 of Kuppepalayam Village, Annur Taluk, Coimbatore District
pending disposal of AS.SR.No.32216/2024 on the file of the Principal District
Court, Coimbatore and pass suitable orders.
For Petitioner : Mr.M.Saravanakumar
For Respondents : Mr.M.Shahjahan for R1 & R2
Special Government Pleader
ORDER
The petitioner herein seeks issuance of Writ of Mandamus,
forbearing the respondents 1 & 2 from alienating the writ mentioned property
in S.F.Nos.20/1, 20/4 and 20/2, at Kuppepalayam Village, Annur Taluk,
Coimbatore District, pending disposal of the First Appeal in AS.SR.No.32216
of 2024 on the file of the Principal District Court, Coimbatore.
2. It is the case of the petitioner that she filed a suit for partition
against some private parties in O.S.No.252 of 2013. The said suit was
dismissed on 05.08.2023. Challenging the said judgment and decree, the
petitioner preferred an appeal in AS.SR.No.32216 of 2024 on the file of the
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Principal District Court, Coimbatore. In the meantime, the defendants in the
suit appeared to have sold the property to one Senthilkumar through a
registered sale deed vide Doc.No.3508/2024 dated 18.03.2024. In such
circumstances, the petitioner has come before this Court seeking the above
mentioned prayer.
3. Admittedly, the petitioner filed a suit for partition against some
private parties and the said suit was dismissed. Now the petitioner filed an
appeal with the delay and it is for the petitioner to seek appropriate interim
order from the Civil Court and the Writ Petition filed seeking restraint the order
against the Registering Authority is not maintainable. Therefore, the Writ
Petition is dismissed, with the liberty to the petitioner to workout her remedy
before the Civil Court. No costs.
18.10.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
dna
https://www.mhc.tn.gov.in/judis
To
1.The Sub-Registrar
Sub-Registrar Office
Annur, Coim District.
2.The Inspector General of Registration
100, Santhome High Road, Mullima Nagar
Mandavelipakkam, Raja Annamalai Puram
Chennai 600 028.
https://www.mhc.tn.gov.in/judis
S.SOUNTHAR, J.
dna
18.10.2024
https://www.mhc.tn.gov.in/judis
