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Madras High CourtCMP(MD)/16372/2024dismissed

A.Lakshmi Ammal v. A.M.Eswaramoorthy

2024-12-02Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE R.SUBRAMANIAN and The HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI IN REV.APLC(MD) SR.No.82868 of 2024 1 A. LAKSHMIAMMAL 2 G. VELMANI 3 VEERAMANI @ A. SUMATHI 4 A. RAMESHWARI 5 A. MUTHUMEENA 6 A. KRISHNAVENI ... PETITIONERS/NOT PARTIES IN THE WRIT APPEAL Vs 1 A.M.ESWARAMOORTHY ... 1ST RESPONDENT/RESPONDENT 2 THE SUB REGISTRAR SUB REGISTRAR OFFICE, BODINAYAKANUR, THENI DISTRICT.

... 2ND RESPONDENT/APPELLANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Grant Leave to the petitioners to file the Review application against the order dated 23.10.2024 in WA (MD). No. 2066/2024 which approved the order dated 18.09.2024 in WP(MD). No. 22102/2024.

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Prayer in REV.APLC(MD) SR.No.82868 of 2024 :

To prefer this memorandum of grounds of Review Petition against the order passed by the Hon'ble High Court in WA(MD).No.2066 of 2024 by his order dated 23.10.2024.

Prayer in WA(MD). 2066/ 2024 :

To prefer this Memorandum of Grounds of Writ Appeal aggrieved against the order passed in W.P.(MD) No.22102 of 2024, dated 18.09.2024, by the Hon'ble High Court.

Prayer in WP(MD). 22102/ 2024 :

To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned check slip in RFL/Bodinayakanur/61/2024 dated 29.08.2024 by the respondent and quash the same as illegal and consequently directing the respondent to forthwith to accept and register the sale deed presented by the petitioner on 29.08.2024 in respect of the properties in S.No. 174/3 and S.F.No. 2732 situated at Bodinayakkanur, Theni District based on the certified copy of the Settlement Deed (Doc No. 3048/1960) the registered Will (Doc.No. 120/2023) and other supporting documents submitted by the petitioner.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.SUNDARESAN, Advocate for the petitioner, the court made the following order:- The petitioner seeks leave to seek review of the order made in W.A(MD). No.2066 of 2024. On perusal of the order shows that we had dismissed the appeal on the ground that the Sub-Registrar is not aggrieved by the order of the Writ Court which sets aside the order directing registration as he is not prejudiced by such orders. The petitioner claims that she is a contesting respondent. She is the person actually aggrieved by the order in the Writ Petition and she has sought for review of the order in the Writ Petition. We make it clear that the dismissal of the Writ Appeal 2/3

filed by the Sub-Registrar will not affect the case of the petitioner in the review.

2. With the above observations, this Civil Miscellaneous Petition is dismissed. sd/- 02/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUB REGISTRAR, SUB REGISTRAR OFFICE, BODINAYAKANUR, THENI DISTRICT.

+1. C.C. to MR.S.SUNDARESAN Advocate SR.No.69968[F] Dated 03/12/2024

ORDER

IN IN REV.APLC(MD) SR.No.82868 of 2024 Date :02/12/2024 RS/VR/SAR-(27.12.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3