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Madras High CourtWP/36017/2024disposed of

Saraswathi@Sarasammal v. The Sub Registrar,

2024-12-03Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 36017 of 2024 Saraswathi @ Sarasammal

...Petitioner

Vs.

The Sub Registrar, Tiruppur Registration Office, Tiruppur

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondent herein to register the shares allotted to the petitioner as per the judgment and decree dated 07/01/2003 in I.A.No.36 /2003 in O.S.No.331 /2001 on the file of sub court, Tiruppur considering the representation preferred by the petitioner dated 19/09/2024.

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For Petitioner :

Mr. M.Venkadeshan For Respondent :

Mr. B.Vijay Additional Government Pleader

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondent herein to register the shares allotted to the petitioner as per the judgment and decree dated 07/01/2003 in I.A.No.36 /2003 in O.S.No.331 / 2001 on the file of sub court, Tiruppur considering the representation preferred by the petitioner dated 19/09/2024".

2. The subject property originally belonged to one Valliammal. The said Valliammal is the petitioner's mother's sister. Since she had no issues, the said Valliammal had executed a "Will" in favour of the petitioner and petitioner's sister, each being entitled to the half share in the property.

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3. The said Valliammal passed away on 18.09.1998. On her demise, the "Will" came into force. The petitioner filed a suit in O.S.No.331 of 2001 on the file of the Sub Court, Tiruppur, against her sister, seeking partition of the property. Thereafter, they had entered into a compromise decree. The petitioner was allotted with 1525 sq.ft., of land and building of the property.

4. On 19.09.2024, the petitioner made a representation to the respondent seeking registration of the share allotted to her as per the compromise decree. Since there is no response, the petitioner is before this Court.

5. It is represented by Mr. B.Vijay, Additional Government Pleader, that the respondent is ready to register the said document upon the payment of requisite stamp duty and registration fees. 3/6

6. The petitioner is also ready to pay the requisite charges.

7. Recording the same, the Writ Petition is disposed of. No costs. 03.12.2024 Index : Yes/No Internet : Yes/No kan To 4/6

The Sub Registrar, Tiruppur Registration Office, Tiruppur P.T. ASHA. J, 5/6

kan W.P.No. 36017 of 2024 03.12.2024 6/6