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2021 Supreme(Mad) 3099

N.SESHASAYEE
Gulnar Fakhruddin – Appellant
Versus
Tamilnadu Chief Controlling Revenue Authority & Inspector General of Registration – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.P.J.George
For the Respondents: Mr.T.M.Pappiah

ORDER :

1.1 The petitioners herein had filed C.S.No.640 of 2019 before the original side of this Court for partition and separate possession. On 06.02.2020, this suit came to be compromised and this Court passed a compromise decree. This Court specifically added that the compromise decree may be communicated by the Registry to the concerned Registering Authority, the second respondent herein. However, the second respondent failed to comply with the order dated 06.02.2020, following which the petitioners issued a legal notice dated 03.08.2020 on the respondents herein. There have been an earlier instance where in C.S.No.193 of 2014, a similar order was passed, by which a compromise decree in that suit was caused to reflect in the encumbrance certificate. In this regard, Sec.17(2)(vi) of the Registration Act as well as Section 89(2) of the Registration Act are significant. On the above pleadings, the petitioners seek a direction to the Registration Authority to enter the compromise decree in the Register intended for recording the encumbrances.

1.2 The petitioners indeed have moved this Court again and on 11-11-2020, the learned Single Judge who passed the compromise decree, had made t

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