V.Mayilrajan v. V.Selvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA against C.M.P.(MD)No.6342 of 2025 V.Mayilrajan ... Appellant/2nd Respondent -Vs1.V.Selvi ... 1st Respondent/Petitioner 2.The Sub-Registrar, Alangulam, Tenkasi District.

... 2nd Respondent/1st Respondent 3.V.Arunachalam ...3rd Respondent/3rd Respondent PRAYER: Writ Appeal filed under Clause XV of Letters of Patent Appeal, against the order dated 25.09.2024 passed by the learned Single Judge in W.P.(MD)No.17087 of 2023.

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For Appellant : Mr.M.P.Senthil For R-2 : Mr.R.Suresh Kumar Additional Government Pleader

JUDGMENT

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

The appellant herein, aggrieved by the order of the learned Single Judge allowing the Writ of Certiorarified Mandamus against the refusal check slip issued by the Sub-Registrar, Alangulam, Tenkasi District, which resulted in the non-registration of the settlement deed dated 07.07.2023 and by the consequential direction to register the said deed, submits that the direction issued by the Court to register the settlement deed, despite the existence of a title dispute, is improper.

2. It is now brought to the notice of this Court that the successful writ petitioner, who is shown as the 1st respondent in the Writ Appeal, has already initiated a civil suit for partition, which is pending as O.S.No.19 of 2/4

2025 on the file of the Principal District Court, Tenkasi. The fundamental and core issue regarding the title of the property is now subjudice before the competent Civil Court. The registration of the settlement deed, pursuant to the order passed by the learned Single Judge, will always be subject to the outcome of the civil suit.

3. In the said circumstances, and without prejudice to the rights and claims of the appellant herein, the Writ Appeal is disposed of with the observation that the registration of the settlement deed, which is the subject matter of the Writ Petition, shall be subject to the outcome of the partition suit in O.S.No.19 of 2025. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. [G.J., J.] & [R.P., J.] 17.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No Nsr 3/4

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

Nsr To:

The Sub-Registrar, Alangulam, Tenkasi District.

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