Balamurugan v. Kannan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.14715 of 2025 Balamurugan ... Appellant Vs.

1.Kannan 2.Sakthivel 3.The Sub Registrar, Joint No.II, Sub Registrar Office, Karaikudi, Sivagangai District.

... Respondents PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.15272 of 2025 dated 16.07.2025 on the file of this Court and allow the Writ Appeal. 1/5

For Appellant : Mr.P.Athimoolapandian For RR 1 & 2 : Mr.Raguvaran Gopalan for Mr.V.Meenakshi Sundaram For R - 3 : Mr.J.Ashok Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The Writ Appeal has been filed by second respondent in the Writ Petition, assailing an order dated 16.07.2025. 2.Challenge in the Writ Petition was in respect of refusal order passed by the Sub-Registrar dated 27.05.2025, in respect of a deed of partition presented by the writ petitioners for registration. 3.Upon the allowing of the Writ Petition, Mr.Raguvaran Gopalan, learned appearing for R1 and R2 in the appeal, would submit that the deed has since been registered. That apart, the appellant has also instituted a suit for partition in O.S.No.178 of 2025 before the Principal 2/5

District Court, Sivagangai, after the date of the impugned writ order, where the present parties are arrayed.

4.In such circumstances, we are of the considered view that it would be appropriate for the parties to resolve their disputes before the civil Court. The present Writ Appeal, is, hence, devoid of merit. In any event, we make it clear that none of the observations made either in the order of the writ Court or in the present order will stand in the way of civil suit being disposed in accordance with law. 5.This Writ Appeal is dismissed with the observations as above. No costs. Consequently, connected Miscellaneous Petition is closed.

[A.S.M.J.,] & [C.K.J.,] 10.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 3/5

To The Sub Registrar, Joint No.II, Sub Registrar Office, Karaikudi, Sivagangai District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 10.09.2025 5/5