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Madras High CourtREV.APPL/225/2025dismissed

K.Karunkaran v. The Secretary To Government

2025-11-04Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY REV.APLW.No. 225 of 2025 and W.M.P.No.37059 of 2025 against W.P.No.6964 of 2024 Mrs.K.Karkuzhali W/o G. Parthasarathy, Door No.29/40, East Park Road, Shenoy Nagar, Chennai 600 030 ..Applicant Vs

1. The District Registrar, Registration Department, Government of Puducherry, Puducherry 605 012 2.The Sub Registrar, Office of the Sub Registrar, Tirunallar, Puducherry 3.K.Thaiyalnayaki, W/o.Kunchithapatham, No.46, Nallathur Main Road, Kurumbagaram, Nedungada Post, Karaikal, Puducherry.609 603.

Respondents PRAYER This Revision Application has been filed under Order XLVII Rule 1 read with Section 114 of the Civil Procedure Code to review the order dated 25.02.2025 made in W.P. No. 36964 of 2024 and to set aside the same.

For Applicant M/s C.Umashankar for Mr.K.Venkateswaran For Respondents Mr.K.Kumaran, AGP (Pondy) for R1 and R2 Mr.M.Selvam for R3

ORDER

The review application is filed praying for review of the judgment made in W.P.No.36964 of 2024, dated 25.02.2025.

2.Upon hearing the learned counsel on either side and perusing the material records of the case, this review arises in the following background. It is seen that the father had executed a settlement in favour of the petitioner. While so, when the petitioner had travelled to the United States of America and the 3rd respondent, the mother had also joined her, the father felt estranged and stating that the petitioner-daughter failed to take care of him, executed another document in the nature of cancellation of settlement and the same was registered as Doc.No.7915 of 2018 dated 26.04.2018. It can be seen that aggrieved by the same, W.P.No.36964 of 2024 was filed. It is further stated that the father, namely, Kunchithapatham died on 07.05.2024 itself, without further dealing with the property. Therefore, even if the cancellation of settlement could have been in force, still the property again devolves on the petitioner as well as the third respondent- the mother. It is, in that context, that, when the mother

filed affidavit before this Court in W.P.No.36964 of 2024, recording the affidavit, the writ petition was disposed of. However, it should have been held in the last sentence that the registration of the document No.7915 of 2018, dated 26.04.2018 stood cancelled, instead of stating the same, it is stated to workout the remedy in the manner known to law.

3. Paragraph No.6 of the order in W.P.No.36964 of 2024 dated 25.02.2025, is extracted for ready reference:- "6.Recording the aforesaid affidavit of the third respondent dated 24.02.2024, this writ petition is disposed of. No costs. However, liberty is granted to the petitioner to work out the remedy in the manner known to law."

4. Today, it is stated that the notice is also served on the third respondent. The learned counsel also entered appearance. No objection is raised on behalf of the 3rd respondent-mother. The learned Additional Government Pleader appearing for respondents 1 and 2 is present. Only on the submission that is made by the learned counsel for the petitioner that the father did not deal with the property in any manner whatsoever and did not create any encumbrance whatsoever from the year 2018 till his death, this revision application is ordered on the following terms:

5. The operative portion of the order in W.P.No.36964 of 2024 in paragraph No.6 mentioned above is modified to the following effect:- "Recording the aforesaid affidavit of the third respondent dated 24.02.2024, this writ petition is ordered on the following terms:- (i)The Registration of the Document No.7915 of 2018 dated 26.04.2018 stands cancelled and the original document of settlement in Doc.No.1651 of 2013 dated 08.08.2013 shall be deemed to be in force and the petitioner, K.Karkuzhali, shall claim all rights to the property under the said settlement deed.

(ii) The first and second respondents shall make such entries in the encumbrance details maintained in respect of the said properties.

(iii) No costs."

6. Accordingly, this review application is ordered. No costs. Consequently, connected petition is also closed. 13-02-2026 ari To

1.The District Registrar Registration Department, Government Of Puducherry Puducherry 605 012 2.The Sub Registrar Office Of The Sub Registrar, Tirunallar, Puducherry

D.BHARATHA CHAKRAVARTHY J.

ari REV.APLW.No. 225 of 2025 and W.M.P.No.37059 of 2025 against W.P.No.6964 of 2024 13-02-2026