Rajnish Kumar Rai v. Nurselvi

in W.A.Sr.No.65706 of 2024 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

The petitioners seek leave to challenge the order passed in W.P.No.9551 of 2024.

2. The said writ petition was filed by the 1st respondent herein seeking a mandamus to register a gift deed dated 14.02.2024 executed by her in favour of the Commissioner of Villianur Commune Panchayat, Puducherry. The writ petition came to be allowed.

3. A perusal of the claim of the petitioners show that they are setting up a rival title to that of the 1st respondent and also claim that some of the documents which are relied upon by the 1st respondent to establish her title are fraudulent instruments. This question cannot be gone into in the proceedings under Article 226 of the Constitution of India.

4. Admittedly, the petitioners have moved the civil Court seeking to recall the compromise decree that was passed. It will be open to the 1/3

petitioners to agitate all issues before the appropriate civil Court. We make it clear that the order in the writ petition or the writ appeal in W.A.No.1644 of 2024 filed at the instance of another person, wherein we had confirmed the order in W.P.No.9551 of 2024 will not affect the rights of the petitioners herein, if they choose to launch any other civil proceeding in the manner known to law.

5. Accordingly, this petition is dismissed.

(R.S.M., J.) (R.S.V., J.) 28.06.2024 dsa 2/3

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

dsa in W.A.Sr.No.65706 of 2024 28.06.2024 3/3