Madras High CourtWA/1271/2025disposed of

Kiran Kumar v. R. Shridar

2025-09-23Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. Kiran Kumar Appellant(s) Vs

1. R. Shridar 2.The Sub Registrar Sub Registrar Office, Coimbatore North Joint I, Coimbatore District.

Respondent(s) PRAYER To set aside the order passed in WP No.8075 of 2025 dated 08.04.2025 passed by this Court and allow the above Writ Appeal. For Appellant(s):

Mr.A. Saravanan For Respondent(s):

M.Santhanaraman For R1 Mr.U. Baranidharan Special Government Pleader For R2

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ Appeal has been instituted challenging the writ order dated 08.04.2025 in W.P.No.8075 of 2025.

2. In nutshell, the original settlement deed executed on 24.11.2023 in favour of the 1 st respondent herein was cancelled on 25.11.2024. On the same day, another settlement deed was executed by the mother of the appellant in favour of the appellant. The unilateral cancellation of the settlement deed came to be challenged in the writ petition. Adopting the legal principles settled by the Hon'ble Full Bench, the Writ Court has allowed the writ petition. The 2 nd respondent in the writ petition preferred the present intra court appeal.

3. Learned counsel for the 1 st respondent herein made a submission that the appellant has already instituted a civil suit in OS.No.880 of 2025 on the file of the Principle Sub Court, Coimbatore, for declaration and permanent injunction.

4. That being so, the parties are at liberty to raise their contentions before the Civil Court in the pending suit. As far as the order of the Writ Court is concerned, it is in consonance with the principles laid down by the Hon'ble Full Bench of this Court. The Civil Court has to decide the issues independently on

merits and uninfluenced by any of the observations made by the Writ Court in the final order dated 08.04.2025 in W.P.No.8075 of 2025.

5. With these observations, the Writ Appeal stands disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 23-09-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.R. Shridar S/o. B. Ragavan, Swarnapuri, Old No.5/1A, New No.1/3/11-D, Raghavan Street, Salem - 004.

2.The Sub Registrar Sub Registrar Office, Coimbatore North Joint I, Coimbatore District.

S.M.SUBRAMANIAM J.

AND MOHAMMED SHAFFIQ J.

gd 23-09-2025