B.Guna Sundari v. The Joint Sub Registrar - Ii

1 W.P.(MD)NO.21731 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21731 of 2023 B.Guna Sundari ... Petitioner Vs.

1. The Joint Sub Registrar-II, Joint Sub Registrar Office No.II, Sivagangai - 630 561.

2. Pratha ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, calling for the records to the impugned order of the first respondent vide proceedings in refusal check slip in RFL/2 Joint Sub Registrar Sivagangai/4/2023 dated 25.08.2023 and quash the same as illegal and against the section and procedure contemplated under the Registration Act and consequently direct the first respondent to entertain the sale agreement dated 23.08.2023 executed by the petitioner.

For Petitioner : Mr.S.Srikanth, for M/s.APN Law Associates.

For R-1 : Mr.M.Prakash, Additional Government Pleader.

For R-2 : Mr.R.J.Karthik * * * 1/4

2 W.P.(MD)NO.21731 OF 2023

O R D E R

Heard both sides.

2. The document presented by the petitioner was refused registration on the ground that the second respondent has raised objections. The second respondent also filed a civil suit.

3. The second respondent is granted eight weeks time from today to obtain restraint order from the jurisdictional civil Court. If at the end of the said period, the second respondent is unable to obtain any restraint order, the petitioner can very well re-present the document and it shall be registered and released subject to fulfilment of the other usual formalities. This writ petition stands disposed of accordingly. No costs.

19.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.21731 OF 2023 To:

The Joint Sub Registrar-II, Joint Sub Registrar Office No.II, Sivagangai - 630 561.

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4 W.P.(MD)NO.21731 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.21731 of 2023 19.12.2023 4/4