R. Maheswari v. R. Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and C.M.P. No.24090 of 2025 R.Maheswari ... Appellant Vs.

1.R.Selvaraj 2.The District Registrar Officer, Ponneri Byepass Main Road, Virudachalam - 606 001.

3.The Joint Registrar I, Ponneri Byepass Main Road, Virudachalam - 606 001.

... Respondents Writ Appeal filed under Clause 15 of Letters Patent against the order dated 29.07.2025 made in W.M.P. No.29108 of 2025 in W.P.No.16411 of 2025.

For Appellant : Mr.M.Elumalai For Respondents : Mr.S.Senthil Murugan, Special Government Pleader for R2 and R3

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The writ appeal has been instituted, challenging the order dated 29.07.2025 passed in W.M.P. No.29108 of 2025 in W.P.No.16411 of 2025.

2. The first respondent/writ petitioner is the appellant before this Court. The writ proceedings has been instituted by the first respondent seeking a direction to the Joint Registrar I, Virudachalam to register the decree and judgment passed in O.S.No.37 of 2006 dated 10.08.2007 on the file of the Principal District Munsif Court, Virudhachalam.

3. The writ Court passed an order on 30.04.2025 disposing of the writ petition with an observation that the writ petitioner has to submit a valid document to establish her relationship with Ms.Rajakumari, who is said to have died on 25.08.2018. On receipt of the said document, the registering authority may proceed with the registration. The first respondent Mr.R.Selvaraj was not a party in the writ proceedings. He filed a miscellaneous petition stating that the appellant herein suppressed the material facts before the writ Court and obtained orders. By virtue of the observations made by the writ Court, his right to defend civil suit is prejudiced.

4. The learned single Judge of this Court considered the miscellaneous petition filed by the first respondent Mr.Selvaraj and made a finding that a substantive civil suit is pending in O.S.No.219 of 2025 on the file of the Principal District Judge, Cuddalore. That apart, the appellant/writ petitioner failed to place all the material facts in the affidavit filed in support of the writ petition. The said ground itself would be sufficient to recall the order passed on 30.04.2025 in the writ petition.

5. This Court is of the considered view that a civil dispute is pending in O.S.No.219 of 2025 and that being so, the writ petition is not entertainable. That apart, the appellant filed a writ petition without impleading the necessary parties and without placing all the material facts relating to the dispute between parties. Under those circumstances, the learned single Judge recalled the order and this Court does not find any reason to interfere with the impugned order. Consequently, the writ appeal stands dismissed. Connected miscellaneous petition is closed. There shall be no order as to costs.

[S.M.S., J.] [M.S.Q., J.] 09.10.2025 Index:Yes mmi

To 1.The District Registrar Officer, Ponneri Byepass Main Road, Virudachalam - 606 001.

2.The Joint Registrar I, Ponneri Byepass Main Road, Virudachalam - 606 001.

S.M.SUBRAMANIAM, J.

AND MOHAMMED SHAFFIQ, J.

mmi 09.10.2025