[Cites 1, Cited by 0]
Madras High Court
R.Murugan vs The Sub-Registrar on 5 January, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.(MD) No.36614 of 2025
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 05.01.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.36614 of 2025
R.Murugan ... Petitioner
Vs
The Sub-Registrar,
Devaram Sub Registrar Office,
Devaram, Theni District. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned refusal slip issued by the respondent in
Refusal Number:RFL/Devaram/19/2025, dated 11.12.2025 and quash
the same as illegal and consequently, directing the respondent to register
the sale agreement produced by the petitioner within a time frame as
fixed by this Court.
For Petitioner : Mr.A.Karthik
For Respondent : Mr.K.S.Selvaganesan,
Addl. Govt. Pleader
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W.P.(MD) No.36614 of 2025
ORDER
This Writ Petition is filed challenging the impugned refusal
slip issued by the respondent in Refusal Number:RFL/Devaram/19/2025,
dated 11.12.2025 and seeking for a consequential direction, directing the
respondent to register the sale agreement produced by the petitioner
within a time frame as fixed by this Court.
2. By consent, this Writ Petition is taken up for final disposal
at the admission stage itself.
3. It is the grievance the petitioner that when the petitioner
presented a sale agreement for registration, the same was refused to be
registered on the ground that a civil suit is pending. Challenging the
same, the petitioner has filed this Writ Petition.
4. The learned counsel appearing for the petitioner would
submit that without any valid document, one of the grandson of the
original owner has filed a suit for partition. He would further submit that
mere pendency of a civil suit is not a bar to register the document and if
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any sale is made, the same will be subject to the outcome of the suit.
Hence, the impugned order is liable to be dismissed.
5. The learned Additional Government Pleader appearing for
the respondent would submit that since a partition suit is pending, the
respondent refused to register the document. Hence, opposed this Writ
Petition.
6. Considering the facts and circumstances of the case, this
Court is of the view that the issue is no longer res integra and this Court
already in several judgments has held that mere pendency of a civil suit
will not be a ground for refuse to register the document. It is at the risk
of the party to purchase the property during the pendency of the suit.
Such sale is always subject to the result of the suit. Therefore, I do not
find any impediment for the respondent to register the sale agreement
presented by the petitioner. Hence, the impugned order is liable to be set
aside.
7. Accordingly, the impugned refusal check slip issued by
the respondent dated 11.12.2025 is set aside and the Writ Petition is
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allowed. The respondent is directed to register the sale agreement
presented by the petitioner forthwith. However, it is made clear that the
sale will be subject to the outcome of the partition suit. There shall be no
order as to costs.
05.01.2026
Index : Yes/No
Internet: Yes/No
Neutral Citation: Yes/No
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To
The Sub-Registrar,
Devaram Sub Registrar Office,
Devaram, Theni District.
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KRISHNAN RAMASAMY, J.
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05.01.2026
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