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Madras High CourtWA(MD)/259/2013closed

Theni Periyandavar Textiles v. M.Thangaraj

2021-01-05Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice S.Kannammal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL and M.P(MD)No.1 of 2013 W.A(MD)NO.259 OF 2013 Theni Periyandarar Textiles and Sri Gayathri Cotton Mills Private Limited, represented by its Managing Director, Kannan.

:Appellant/Third Respondent .vs.

1.M.Thangaraj : Respondent/Petitioner 2.The Inspector General of Registration, Santhome, Chennai-20.

3.The Sub-Registrar, 4.Palaniyandi :Respondents/Respondents W.A(MD)NO.593 OF 2014 M.Thangaraj :Appellant/Petitioner .vs.

1.The Inspector General of Registration, Santhome, Chennai-20.

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2.The Sub-Registrar, 3.Theni Periyandavar Textiles and Sri Gayathri Cotton Mills Private Limited, represented by its Managing Director, M.Kannan, Son of V.K.Manoharan, 6, Kali Street, Theni Town, Theni.

4.Palaniyandi ... Respondents/Respondents COMMON IN W.A(MD)NO.259 OF 2013 & WA(MD)NO.593 OF 2014 : Writ Appeals filed under Clause 15 of the Letters Patent Act praying this Court to set aside the order passed by this Court in W.P(MD) No.13039 of 2011, dated 08.02.2013.

Prayer in WP(MD). 13039/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records relating to the impugned check slip bearing No.172/2011, dated 20-09-2011 issued by the second Respondent and quash the same and consequently direct the second Respondent to receive the sale deed dated 08-09-2011 executed by the Writ Petitioner in favour of the 4th Respondent in respect of S.No.270/1A, Shanmugasundarapuram Village, Andipatty Taluk, Theni District.

W.A(MD)NO.259 OF 2013 For Appellant :Mr.Nawaz Khan for M/s.Ajmal Associates For Respondent-1 :Mr.T.Antony Arul Raj W.A(MD)NO.593 OF 2014 For Appellant :Mr.T.Antony Arul Raj For Respondents Mr.Nawaz Khan 3 and 4 for M/s.Ajmal Associates 2/4

COMMON JUDGEMENT ************************* [Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.] These Writ Appeals have been filed seeking to set aside the order passed by this Court In W.P(MD)No.13039 of 2011, dated 08.02.2013.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, Mr.Nawaz Khan, learned counsel for the appellant in W.A(MD)No.259 of 2013 states that the matter is settled between the parties. It is further submitted that the sole appellant in W.A(MD)No.593 of 2014 died, who is the first respondent in W.A(MD)No.259 of 2013. As both the Writ Appeals are directed against one and the same order, nothing remains to be adjudicated further in these Writ Appeals and accordingly, both these Writ Appeals are closed, as settled out of Court. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Inspector General of Registration, Santhome, Chennai-20.

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2.The Sub-Registrar, +1 CC to SGP ( SR-235 & 236[F] dated 06/01/2021 ) COMMON JUDGMENT MADE IN W.A(MD)NOs.259 OF 2013 and 593 OF 2014 and M.P(MD)No.1 of 2013 05.01.2021 SV2 (CO) NR (19/01/2020) 4P : 4C 4/4