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Madras High CourtWP/10319/2025disposed of

K.Krishnakumar v. The Sub Registrar

2025-03-21Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH and WMP.No.11631 of 2025 K.Krishnakumar .... Petitioner Vs 1.The Sub Registrar Office of the Sub Registrar Mettupalayam Coimbatore District.

2.B.S.Raju .... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus forbearing the first respondent from registering any document presented by the second respondent without production of original sale deed dated 21.11.1996 bearing Document No.4628 of 1996 in respect of land to an extent of 0.54 cents comprised in S.F.No.796 of Iluppanatham Village, Mettupalayam Taluk, Coimbatore District, till the disposal of the suit filed by the petitioner in O.S.No.21 of 2025 on the file of V Additional District Judge, Coimbatore.

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For Petitioner : Mr.S.Arjun For Respondents : Mr.U.Baranidharan Special Government Pleader for R1

ORDER

This writ petition has been filed for issue of Writ of Mandamus forbearing the first respondent from registering any document presented by the second respondent pertaining to the subject property, in the light of the pending suit in O.S.No.21 of 2025 on the file of V Additional District Court, Coimbatore.

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

3. In the considered view of this Court, if at all, the petitioner is seeking to restrain the second respondent from dealing with the subject property, he can seek for an interim order before the concerned civil Court. The petitioner cannot independently file a writ petition restraining the second respondent from dealing with the property and a writ jurisdiction cannot be invoked for the 2/4

purpose of obtaining interim relief when the substantive relief is pending before the competent civil Court. The law is too well settled.

4. In view of the above, it is left open to the petitioner to approach the concerned court where the suit is pending and seek for interim orders.

5. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 21.03.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds To:

The Sub Registrar Office of the Sub Registrar Mettupalayam Coimbatore District.

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N. ANAND VENKATESH., J ds 21.03.2025 4/4