Madras High CourtWP/10938/2025disposed of

G.Balasundaram v. The Sub Registrar

2025-04-03Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Balasundaram S/o.Govindaralalu, No.8, Kuttralam Nagar, Kovai Pudur, Coimbatore 641 042.

Petitioner Vs The Sub Registrar Gandhipuram, O/o.Sub Registrar, Gandhipuram, Coimbatore 641 035.

Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st Respondent to register judgment and decree dated 19/12/2024 made in O.S.No.161 of 2020 passed by IV Additional District Judge, Coimbatore and to be shown in the encumbrance certificate on the basis of my representation and application made in receipt No.SO1LANDDVV 20252135558429, dated 13/02/2025.

For Petitioner : Mr.S.Venkatesh For Respondent : Mr.U.Baranidharan Special Government Pleader ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to register the judgment and decree passed in O.S.No.161 of 2020 dated 19.12.2024 by the IV Additional District Judge, Coimbatore.

2. Heard Mr.S.Venkatesh, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondent.

3. In the considered view of this Court, the law is now well settled to the effect that the limitation that has been provided under Section 23 of the Registration Act will not apply to a decree. The respondent seems to have resisted the registration of the decree on the ground that it has been presented after the limitation period. The same is not sustainable.

4. In view of the above, there shall be a direction to the respondent to register the judgment and decree passed in O.S.No.161 of 2/4

2020 dated 19.12.2024 by the IV Additional District Judge, Coimbatore, on payment of necessary registration fees.

This writ petition is disposed of with the above direction. No costs.

03.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub Registrar Gandhipuram, O/o.Sub Registrar, Gandhipuram, Coimbatore - 641 035.

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