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2014 Supreme(Mad) 3842

M.VENUGOPAL
K. Sankaranarayanan – Appellant
Versus
Tahsildar, Uthamapalayam – Respondent


Advocates Appeared:
For the Petitioner:R. Suriya Narayanan, Advocate.
For the Respondents:R1, Rajarajan, Govt. Advocate.

Judgment :

1. Heard Mr.A.Saravanan, the Learned Counsel appearing for the Petitioner and Mr.Rajarajan, the Learned Government Advocate appearing for the 1st Respondent.

2. To avoid an avoidable delay, notice to the 2nd Respondent is dispensed with by this Court.

3. According to the Petitioner, the 2nd Respondent is not having any right and title over the property in question had given a petition to the District Registrar, Periyakulam, to cancel the registered mortgages and on that basis, the said Registrar, Periyakulam caused a Notice bereft of particulars. Therefore, he filed W.P.(MD)No.10934 of 2012 and obtained Interim stay. That apart, one of the Petitioner's co-owner Ravikumar filed a Partition Suit in O.S.No.13 of 2012, on the file of the Sub Court, Periyakulam, in which the property in question was shown as 5th item in 'B' Schedule. In the said Suit, the father of the 2nd Respondent projected I.A.No.157 of 2014, to implead him as party and the same is pending for an enquiry.

4. It comes to be known that the 2nd Respondent had given a petition to the 1st Respondent to cancel the patta issued in favour of the Petitioner and his brother pertaining to the property and on that ba



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