Amarnath vs Pandi
2024 Latest Caselaw 20534 Mad

Madras High Court

Amarnath vs Pandi on 29 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                W.A.(MD) No.2180 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 29.10.2024

                                                         CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                                 W.A.(MD)No.2180 of 2024
                                                          and
                                          C.M.P.(MD)Nos.15263 and 15264 of 2024

                 Amarnath                                                     ... Appellant

                                                            -vs-

                 1.Pandi

                 2.The Sub Registrar,
                   Office of the Sub Registrar,
                   Kadambur,
                   Thoothukudi District.                                      ... Respondents

                           Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
                 Appeal by setting aside the order, dated 30.09.2024 made in W.P.(MD).No.23132
                 of 2024.
                                  For Appellant     : Mr.S.Ramasamy

                                  For Respondents   : Mr.M.Siddharthan,
                                                       Additional Government Pleader for R2.


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                                                                              W.A.(MD) No.2180 of 2024


                                                     JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Challenge in the writ petition was the refusal check slip issued by the

second respondent refusing registration of a document on the ground that suit in

O.S.No.51 of 2023 is pending with reference to the property. Earlier registration

was refused on the ground that parent document was not produced. The same

was challenged before this Court in W.P.(MD)No.10678 of 2024 and this Court

set aside the order and directed registration of the instrument. After

re-presentation, the order impugned in the writ petition came to be passed. The

Writ Court relying upon the judgment of the Hon'ble Division Bench in Ramayee

Vs. Sub Registrar reported in [(2020) 8 MLJ 305] concluded that mere pendency

of a suit cannot be a ground for refusing registration and directed registration of

the document dated 12.08.2024. The only grievance of the appellant is that

though he was made as a party, he was not heard. We do not find any necessity

for the Writ Court to hear the appellant. It is settled law that pendency of a suit

before a Civil Court cannot be a ground to refuse registration unless there are

certain prohibitive orders. The action of the Registrar in refusing to register the

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document on the ground of suit is pending it totally unconscionable. The learned

Additional Government Pleader for the registration department would submit that

the document has since been registered. The registration of the document will not

affect the case of the appellant before the Civil Court.

2.We therefore see no merit in the writ appeal and it is accordingly

dismissed. No costs. Consequently, connected miscellaneous petitions are

closed.

                 NCC              : No                     [R.S.M., J.]      [L.V.G., J.]
                 Index            : No                             29.10.2024
                 ias

                 To:

                 The Sub Registrar,
                 Office of the Sub Registrar,
                 Kadambur,
                 Thoothukudi District.




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                                     R.SUBRAMANIAN, J.
                                                 and
                                  L.VICTORIA GOWRI, J.

                                                            ias









                                                  29.10.2024




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