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Madras High CourtWP/13130/2021allowed

Vijaya, Wife Of K.G.Chinnaraj v. The Inspector General Of Registration

2021-08-02Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.13130 of 2021 [Video Conferencing] Vijaya ..Petitioner

Versus

1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar (Administration), District Registration Office, Krishnagiri.

3.The Sub Registrar, Bargur.

.. Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to register the decree and judgment in O.S.No.59 of 2005 dated 30.12.2005 and gift deed dated 03.12.2020. For Petitioner :

Dr.G.Babu For Respondents :

Mr.Yogesh Kannadasan Government Advocate

ORDER

Pursuant to the benefit of a decree dated 30.12.2005 in O.S.No.59 of 2005 which was pending on the file of the District Munsiff Court, Krishnagiri, the petitioner, after about 16 years, presented the said decree for registration to the respondent.

2. Section 23 of the Indian Registration Act, 1908, provides a time limit for presenting documents for registration. The said period can be applicable to a decree passed by a Court, if only any property is added pursuant to any compromise and https://hcservices.ecourts.gov.in/hcservices/

there is addition of another property, then the Sub Registrar can refuse registration of the document. If there is no change in the properties mentioned the Sub-Registrar should accept the decree and register the same, if it is otherwise in order.

3. Accordingly, the 3rd respondent/Sub Registrar, Bargur, is directed to examine the decree presented by the writ petitioner herein and without insisting for the period of limitation, register the same, if it is otherwise in order.

4. Accordingly, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ub To 1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar (Administration), District Registration Office, Krishnagiri.

3.The Sub Registrar, Bargur.

+2cc to Dr.G.Babu, Advocate, S.R.No.37319 +1cc to the Government Pleader, S.R.No.37742 WP.No.13130 of 2021 PMK(CO) CB(23/08/2021) https://hcservices.ecourts.gov.in/hcservices/