Ariya Boopathy v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Ariya Boopathi ...

Petitioner versus 1.The District Registrar, Registration Department, Krishnagiri, Krishnagiri District.

2.The Sub-Registrar, Registration Department, Pochampalli, Krishnagiri District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent herein vide RFL/POCHAMPALLI/7/2023, dated 29.08.2023 and quash the same the records on and direct the respondents herein to make an entry of the Civil Court Judgment in O.S.No.67/2012.

For Petitioner :

Mr.R.Ramesh For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader 1/4

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself 2.

This Writ Petition has been filed challenging the order dated 29.08.2023 passed by the second respondent and also to direct the respondents to make an entry of the Civil Court judgment in O.S.No.67 of 2012.

3.

The grievance of the petitioner is that when the decree of the Civil Court is sought to be registered, the same has been refused merely on the ground that the application is pending to set aside the ex parte decree. 4.

It is the contention of the learned counsel for the petitioner that similar Interlocutory Applications were already filed and dismissed without filing any appeal. Such applications are filed and pending, they are not maintainable. At any event, when the decree is not set aside, it is the duty of the Registrar to register the document.

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5.

In such view of the matter, there shall be a direction to the respondents to register the document, within a period of one month from the date of receipt of a copy of this order.

6.

With the above direction, this Writ Petition is disposed of. No costs.

16.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The District Registrar, Registration Department, Krishnagiri, Krishnagiri District.

2.The Sub-Registrar, Registration Department, Pochampalli, Krishnagiri District.

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N.SATHISH KUMAR , J.

sri 16.04.2024 4/4