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2005 Supreme(Mad) 1046

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
Jt. Sub Registrar-I, District Registrar Office, Coimbatore – Appellant
Versus
Prasanth Chandran – Respondent


Advocates:
V. Raghupathy G. P., for Petitioner; M. S. Krishnan for M/s. Sarvabhauvaman Associates, for Respondent.

Judgement

F. M. IBRAHIM KALIFULLA, J. :- The Joint Sub Registrar-I, District Registrar Office, Coimbatore is the appellant. The challenge is to the order of the learned single Judge dated 21-9-2004 in W.P. No. 15449 of 2004.

2. By the impugned order, the respondent's writ petition challenging the notice dated 19-3-2004 came to be allowed with a further direction to the appellant herein for registration of the document presented by the respondent within a period of 15 days and for the release of the same.

3. The brief facts which led to the filing of the writ petition, are required to be stated.

There was a partition between the respondent, his father and his brother on the one side and the paternal uncle and his sons on the other side, by a deed dated 22-8-2003. Under the said document, the respondent was allotted 'A' Schedule property while 'B' Schedule property was allotted to the paternal uncle and his children. That part of the deed by which, 'A" Schedule property came to be allotted to the respondent is found in Clause (1) of the document which reads as under :

(1). With the consent and concurrence of all parties and by way of family arrangement, the properties set out in Schedule






















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