Sakkarai Mohammed v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sakkarai Mohammed ... Petitioner Vs 1.The District Registrar, Trichy District, 2.The Sub Registrar, K.Sathanur Sub Registrar Office, K.K.Nagar, Trichy - 620 021.

3.S.M.Abdul Hameed ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent not to accept any documents for registration in respect of the suit mentioned properties in O.S.No.124 of 2022 before the Learned IV Subordinate Judge, Trichy and in O.S.No. 670 of 2022 on the file of the Learned I-Addition Subordinate Judge, Trichy till the final dispose of the same. 1/4

For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1 to R.2 Notice Dispensed With for R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents. Considering the nature of relief to be granted, issuance of notice to the third respondent is dispensed with.

2.The petitioner has already filed O.S.No.124 of 2022 on the file of the Subordinate Court, Trichy seeking relief for declaration and injunction in respect of the petition mentioned properties. The petitioner wants this Court to restrain the registering authority from entertaining any document in respect of the suit items due to the pendency of the suit. The petitioner can as well move the jurisdictional civil Court for the very same relief. 3.The petitioner is permitted to file an Interlocutory Application in the pending suit for the relief now sought for. If any such Interlocutory Application is filed, it shall be numbered immediately and disposed of on merits and in 2/4

accordance with law within a period of two weeks after such filing. It is stated by the learned counsel appearing for the petitioner that the third respondent has entered appearance in the said suit. I make it clear that I have not gone into the merits of the matter. It is for the learned trial Judge to pass order one way or the other.

4.This writ petition is disposed of accordingly with the aforesaid liberty to the writ petitioner and direction to the learned trial Judge. There shall be no order as to costs.

23.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA Note: Issue Order Copy on 24.02.2023.

To 1.The IV -Subordinate Judge, 2.The I-Addition Subordinate Judge, Trichy 3.The District Registrar, Trichy District, 3/4

G.R.SWAMINATHAN, J.

MGA 4.The Sub Registrar, K.Sathanur Sub Registrar Office, K.K.Nagar, Trichy - 620 021.

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