← Library
Madras High CourtCONT P/1951/2023disposed of

Anthony Hilary Nalina v. Uma Maheswari

2024-01-04Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Cont.P.No.1951 of 2023 Mrs.Anthony Hilary Nalina .....Petitioner Vs.

Uma Maheswari Sub-Registrar, Registration Department, Sriperumbudur, Kanchipuram District.

.... Respondent Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for contempt of the order of this Court passed in W.P.No.18655 of 2023 dated 26.06.2023. For Petitioner :

Mr.J.Ashok For Respondent :

Mr.N.Naveen Kumar Government Advocate

ORDER

The writ petition was disposed of by directing the respondent to furnish certified copy of the Settlement Deed dated

11.03.2008, which was registered as Document No.3325 of 2008. Since this order was not complied with, the present contempt petition was filed before this Court.

2.The respondent has filed an affidavit before this Court and has taken a stand that the Settlement Deed executed by the husband of the petitioner was registered as Document No.3325 of 2008. However, this document was not scanned and in view of the same, the copy is not available and hence, the certified copy cannot be furnished. However, at Paragraph No.7 of the affidavit, the respondent has stated as follows: 7.This respondent most respectfully submit that in alternate the petitioner may be directed to prepare the Settlement Deed by the same draftsman who prepared Doct.No.3326 of 2008 based on Index-II entry and if submitted this office can reconstruct of the said settlement deed and certify it to treat as original and scan the same. In the alternative, the petitioner can register a new Settlement Deed. The department will consider waiving Stamp Duty as a special case which cannot be consider as a precedent. 3.The learned counsel for the petitioner submitted that the same

Settlement Deed will be prepared by the same draftsmen and it will be submitted in the office of the respondent and the respondent can be directed to certify it and scan the same. Thereafter, the certified copy can be given to the petitioner.

4.Considering the stand that has been taken by the respondent at Paragraph No.7 of the order, the petitioner is directed to prepare the Settlement Deed and submit the same in the office of the respondent. The respondent shall not insist for payment of any stamp duty and on receipt of the Settlement Deed, it shall be certified and treated as original and it can be scanned. Thereafter, the certified copy of this Settlement Deed can be issued in favor of the petitioner. This process shall be completed by the respondent, within a period of two weeks from the date of receipt of the reconstructed Settlement Deed from the petitioner. 5.This contempt petition is disposed of with the above directions. 04.01.2024 Internet : Yes/No Index : Yes/No ssr

N.ANAND VENKATESH.,J ssr To The Sub-Registrar, Registration Department, Sriperumbudur, Kanchipuram District.

Cont.P.No.1951 of 2023 04.01.2024