Madras High CourtA/7401/2019ordered

V.Rajkumar And 2 Others v. Suresh Kumar Sharma And 14 Others

2019-10-01Honourable Mrs Justice Pushpa Sathyanarayana3 pages

Application No.7401 of 2019 in C.S.No.418 of 2007 PUSHPA SATHYANARAYANA , J.

This Application has been fled seeking to issue fresh sale certificate pertaining to the suit property bearing Old Door No.157, New Door No.323, Mint Street, Sowcarpet, Chennai 600 079 bearing Re survey No.10700 of George Town, Old Survey No.2591, comprised in Collector's Survey No.3525 and Municipal No.425 in Sub Registration District of North Chennai to the applicants.

2. In the affidavit filed in support of this application, it is stated by the first applicant that the suit is for partition, in which Application No.7149 of 2017 was filed for selling the suit property in pubic auction and Application No.7150 of 2017 was filed by the respondents 1, 2 and 11 to jointly purchase the shares of the other respondents in the suit property. The property was sold for six crores and the sale in favour of the purchaser was confirmed by this Court on 14.09.2018 and the sale deed was directed to be executed and registered within a period of one month from the date of receipt of a copy of the order. It is further stated by the first applicant that since he fell ill and was affected with typhoid he had to go to his native village in Rajasthan. Therefore, he could not register the sale

certificate as directed by this Court and only when the applicant came back in July 2019 it was informed by the applicants 2 and 3 that the sale certificate was not yet registered and the period of registration of four plus four months had expired long back and the sale certificate could not be registered. Hence, the applicants prays for the aforesaid relief.

3. Heard both sides. The learned counsel appearing for the respondents has no serious objection for allowing this application.

4. Considering the facts and circumstances of the case and also considering the submissions made, a fresh sale certificate shall be issued to the applicants relating to the suit property forthwith and within a period of one month from the date of issuance of fresh sale certificate, the applicants are directed to register the same.

5. This application is ordered accordingly. Post on 23.10.2019. 01.10.2019 arr

PUSHPA SATHYANARAYANA , J.

arr Application No.7401 of 2019 in C.S.No.418 of 2007 01.10.2019