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Madras High CourtWP(MD)/1817/2023disposed of

Suriyanarayanan v. The Joint Ii Sub Registrar

2023-01-31Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Suriyanarayanan ... Petitioner Vs.

The Joint II Sub Registrar, Pattukkottai, Thanjavur District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to remove the entries namely Document Nos.3 of 2007 and 6 of 2007 relating to the petitioner's property bearing Survey No.55/3 of Nadiyambalpuram, Pattukkottai, Thanjavur District within a time frame fixed by this court. For Petitioner : Mr.M.Saravanan For Respondent : Mr.N.Satheeskumar, Addl. Government Pleader.

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ORDER

Heard the learned counsel on either side.

2.The case of the writ petitioner is that one Maragatham filed a suit for specific performance in O.S.No.10 of 1997 on the file of Sub Court, Pattukkottai and the suit was eventually dismissed. Questioning the same, the said Maragatham file A.S.No.50 of 2000 before the High Court. She obtained an injunction order in C.M.P.(MD)No.2479 of 2000. The said injunction order was duly entered in the encumbrance register. The learned counsel for the petitioner points out that the appeal suit itself was dismissed on 22.10.2018 and the judgment and decree passed by the trial Court was confirmed. He would further point out that the said appellate decree has become final. Since the petitioner is unable to deal with the property, he wants this Court to direct the respondent to remove the entry made in the encumbrance register. 3.

The prayer sought for is misconceived. All that the petitioner needs to do is to register the decree rendered in A.S.No.50 of 2000. That would more than meet the writ petitioner's requirement. If the petitioner files certified copy of the decree in A.S.No.50 of 2000, the same shall be registered by the respondent without invoking Section 23 of the Registration Act.

4.With this liberty to the writ petitioner and direction to the respondent, the writ petition is disposed of. No costs.

31.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No ias To:

The Joint II Sub Registrar, Pattukkottai, Thanjavur District.

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G.R.SWAMINATHAN, J.

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