A.R.Nanjappan v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR WP.No.9560 of 2024 A.R.Nanjappan .. Petitioner

Versus

1.The Sub-Registrar Nambiyur 2.R.Senthil Kumar 3.P.Rajalakshmi .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal check slip No.RFL/Nambiyur/10/2024 dated 27.03.2024 of the first respondent and quash the same and direct the first respondent to receive the sale deed dated 18.03.2024 for registration and to register the same forthwith.

For Petitioner : Mr.S.A.Sayed Shuhaibb For Respondent : Mr.Yogesh Kannadasan for R1 Special Government Pleader 1/4

ORDER

This writ petition is filed challenging the check slip issued by the first respondent in RFL/Nambiyur/10/2024 dated 27.03.2024, quash the same and direct the first respondent to register the sale deed dated 18.03.2024.

2. Heard both sides and perused the materials placed on record.

3. On perusal of the impugned checkslip, it would indicate the sale deed has not been registered merely on the ground that a suit is pending in O.S.No.86 of 2020 on the file of III Additional District Court, Gobichettipalayam. This Court is of the view that unless there is an order of injunction, mere pendency of the suit will not be a bar for transaction, however, the same is subject to the result of the suit.

4. Such view of the matter, the impugned order is set aside and there shall be a direction to the first respondent to register the sale deed dated 18.03.2024 presented by the petitioner. Such exercise shall be completed within a period of fifteen days from the date of receipt of a copy of this Order. 2/4

5. With the above direction, this writ petition is allowed. No costs. 08.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, The Sub-Registrar Nambiyur 3/4

N. SATHISH KUMAR , J.

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