Mrs.P.Reesa, v. The Sub Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP. No. 16684 of 2019 an WMP.No. 16309 of 2019 P.Reesa ..Petitioner Vs.

1.The Sub-Registrar Office of the Sub-Registrar Konnur, Chennai.

2.S.Goindaraj .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent not to record/register any document in any form much less Sale Deed or Transfer Deed relating to the Schedule mentioned property or part thereof to any person through S.Govindaraj (PAN No.ADYPG9150E) (AADHAR No.246741962753).

For Petitioner : Mr. T.Balaji For Respondents : Mr. T.M.Pappiah for R1 Special Government Pleader : Mr. S.Doraisamy for R2

O R D E R

The Petitioner is aggrieved by the failure of the First Respondent to refuse to register any document that may be presented by the Second Respondent for registration in respect of the property, which forms the subject matter of pending suit instituted by the Petitioner in O.S. No. 90 of 2019 before the District Munsif Court, Ambattur.

2.

It is informed that the Second Respondent has entered appearance before the aforesaid Civil Court, where the suit is pending and he would have to apply for necessary permission to transfer or deal with the property in terms of Section 52 of the https://hcservices.ecourts.gov.in/hcservices/

Transfer of Property Act, 1882, if the occasion arises, meaning thereby the First Respondent would not register any document executed by the Second Respondent in favour of any third party in respect of the property without the prior permission of that Court. In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition leaving it open to the Petitioner to work out his remedy in accordance with that procedure and he has made an endorsement to that effect.

3.

Recording the same, the Writ Petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar dna To The Sub-Registrar Office of the Sub-Registrar Konnur, Chennai.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No. 65121 +1cc to the Government Pleader, S.R.No. 65117 +1cc to Mr.T.Balaji, Advocate, S.R.No. 65117 (19/08/2019) WP. No. 16684 of 2019 and WMP.No. 16309 of 2019 GN(16/08/2019) https://hcservices.ecourts.gov.in/hcservices/