Muthusamy v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.3895 of 2023 Muthusamy ... Petitioner Vs.

The Sub Registrar, Tharagampatti Sub Registrar Office, Karur District.

... Respondent 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 in refusal check slip dated 02.02.2023 in refusal No.RFL/Tharagampatti/3 /2023 passed by the respondent and quash the same as illegal and directing the respondent to register the final decree passed in the partition suit in I.A.No.826 of 2008 in O.S.No.312 of 2005, dated 28.09.2017 on the file of the District Munsif Court, Kulithalai, Karur District. For Petitioner : Mr.S.Saravanakumar For Respondent : Mr.S.Shanmugavel Additional Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2.All that the petitioner wants the registration of the petition mentioned final decree. When it was presented for registration, the respondent declined to register the same on the ground that it is barred by limitation. The respondent places reliance on Section 23 of the Registration Act. Questioning the same, the present writ petition has been filed.

3.As rightly pointed out by the learned counsel for the petitioner, the issue is no longer res integra. The Hon'ble Division Bench in W.A.No.336 of 2019 dated 07.02.2019 held that the time limit stipulated under Section 23 of the Registration Act will have no application to a court decree. 4.In that view of the matter, the impugned refusal slip is quashed. The petitioner is permitted to re-present the petition mentioned final decree. The respondent will receive the same and register it subject to fulfilment of usual formalities. Only standard stamp duty is payable. The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 27.02.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To The Sub Registrar, Tharagampatti Sub Registrar Office, Karur District.

3/4

G.R.SWAMINATHAN, J.

rmi 27.02.2023 4/4