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Madras High CourtWP/2089/2020dismissed as withdrawal

E.Balaji Srinivas v. The District Registrar,

2020-01-30Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2089 of 2020 E.Balaji Srinivas ... Petitioner Vs.

1. The District Registrar Joint - I Office of District Collectorate Coimbatore - 641 018.

2. The Sub Registrar Avinasi Coimbatore - 641 654.

3. R.Eswara Murthy

4. R.Lakshmi ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, forbearing the Respondents 1 and 2 in any manner registering the sale deed presented by Third and Fourth Respondents in favour of any third parties relating to the property bearing Door No. & Survey No. Old No.13/67, New No.8/96, Sight No.5, Block No.Q, Old Door No.28/67, New Door No. 134 part, to an extent of 4248 sq. ft. alternatively 9 cents 324 sq. ft. land and building situated at Thiruvenkada Samy Road, R.S. Puram, Coimbatore Town. On the basis of the representation dated 22.07.2019 given on behalf of the Petitioner.

For Petitioner :

Mr. S.Venkatesh For Respondents :

Mr. T.M.Pappiah (For R1&R2) Special Government Pleader

O R D E R

When it is pointed out that inasmuch as suit for partition in O.S. No. 685 of 2018 has been instituted before the District Judge, Coimbatore relating to the same property and the Petitioner can file application in that proceeding to implead the concerned Registering Authority and seek restraint of any alienation of that property without the prior permission of that https://hcservices.ecourts.gov.in/hcservices/

Court as required under Section 52 of the Transfer of Property Act, 1882, during its pendency, instead of prosecuting the Writ Petition for such purpose, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Writ Miscellaneous Petition is closed. No Costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar maya To

1. The District Registrar Joint - I Office of District Collectorate Coimbatore - 641 018.

2. The Sub Registrar Avinasi Coimbatore - 641 654.

+1cc to Government pleader sr76861 W.P. No. 2089 of 2020 aa05/02/2020 https://hcservices.ecourts.gov.in/hcservices/