Madras High CourtWA(MD)/1126/2022dismissed

G.R.Lathamai v. Vinmathy Augustian,

2025-03-07Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.1126 of 2022 and C.M.P(MD)No.8928 of 2022 G.R.Lathamani ... Appellant / 3rd Party Vs.

1.Vinmathy Augustian ... 1st Respondent / Writ Petitioner 2.The Joint I Sub Registrar, Madurai South, 3.The Joint II Sub Registrar, Madurai South, Madurai.

4.The District Registrar, 5.Vidhwakani ... Respondents 2 to 5/ Respondents 1 to 4 Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P(MD)No.18236 of 2016 dated 12.04.2022 by allowing the writ appeal.

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For Appellant : Mr.V.S.Kishok Kumar For Respondents : Mr.T.Thevan for R.1 Mr.N.Ramesh Arumugam for R.2 to R.4

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) Heard both sides.

2.The writ petitioner Vinmathy Augustian is the daughter of Vidhwakani. His mother executed gift settlement deed dated 28.12.2007 in favour of Vinmathy Augustian. It was also duly registered. It was unilaterally cancelled vide deed dated 03.06.2011 (Document No.5194/ 2011). Challenging the registration of the deed of unilateral cancellation Vinmathy Augustian filed W.P(MD)No.18236 of 2016. The mother was also shown as the fourth respondent. Relying on the Full Bench decision rendered in 2011 (2) CTC 1, registration of the cancellation deed was quashed and the writ petition was allowed.

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3.Challenging the same, the subsequent purchaser has filed this Writ Appeal. It is brought to our notice that the appellant filed O.S.No. 553 of 2022 on the file of VI Additional District Court, Madurai. It is for the appellant to work out her rights in the manner known to law in the said suit. We do not find any ground to interfere with the order of the learned single Judge.

4.This Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [M.J.R., J.] 07.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Joint I Sub Registrar, Madurai South, 2.The Joint II Sub Registrar, Madurai South, 3/4

G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN , J.

MGA 3.The District Registrar,

4. VI Additional District Court, W.A(MD)No.1126 of 2022 07.03.2025 4/4