Madras High CourtWP(MD)/5944/2012dismissed

M. Indhirani v. The Sub Registrar

2022-06-13Honourable Mr Justice R.Vijayakumar2 pages

W.P.(MD).No.5944 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.5944 of 2012 and M.P.(MD)No.1 of 2012 M.Indhirani ... Petitioner Vs.

1. The Sub Registrar, Arasaradi Sub Registrar Office, Arasaradi, Madurai.

2. Rajammal @ Subbulakshmi

3. Muthulakshmi

4. Jeyamuthu

5. Subramani

6. Nagarani

7. Sundari

8. S.S.Murugan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent in Na.Ka.No.469 of 2012 dated 17.04.2012 and quash the same, consequentially directing the first respondent to register the order passed in I.A.NO.1161 of 2007 in O.S.No.466 of 2004 dated 10.12.2007.

For Petitioner : Mr.V.Chandrasekar For R1 : Mr.J.K.Jeyaseelan Government Advocate For R2 to R8 : No appearance

ORDER

The present writ petition has been filed challenging an order passed by the first respondent, under which he has refused to receive an order of interim injunction granted in I.A.1161 of 2007 in O.S.NO.466 of 2004, dated 10.12.2007, on the file of the District Munsif Court, Thirumangalam.

2. A perusal of the record indicate that the said interim order has been passed granting an interim injunction restraining the dependence from alienating the suit schedule properties pending https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.5944 of 2012 suit. It is a settled position of law that any alienation made is always subject to the result of the suit. Hence the impugned order under which the authority has refused to register the said order did not have legal effect whatsoever. Considering the facts and circumstances of the case, there is no illegality or infirmity in the impugned order to be interfered with. Nothing survives in the writ petition.

3. The Writ Petition stands dismissed.

No costs.

Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(Cs-II) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr To The Sub Registrar, Arasaradi Sub Registrar Office, Arasaradi, Madurai.

+1 CC to M/s.SPL.GP. ( SR-25566[F] dated 14/06/2022 ) W.P.(MD).No.5944 of 2012 13.06.2022 IM(CO) KB(21.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2