A dismissal of a civil suit for default requires proper registration to update encumbrance records, impacting property rights.

O R D E R

The petitioner herein seeks a direction to respondents to consider his representation dated 26.06.2023 and for consequential order directing the respondents to remove the encumbrance entries pertains to Survey No.1163, Dharma Raja Kovil Street, Aliyabath @ Kalambur Municipality to an extent of 0.02 cents, Survey No.257/10A, Kasdhampadi Village, Polur Taluk to an extent of 0.43.0 Hectare and Survey No.257/9 to an extent of 0.40.5 Hectare.

2. According to the petitioner, he is the owner of the property with an extent of 0.02 cents situated in Survey No. 1163, Dharma Raja Kovil Street, Aliyabath @ Kalambur Municipality and with an extent of 0.43.0 Hectare in Survey No.257/10A, Kasdhampadi Village, Polur Taluk. The petitioner also claims right over the agricultural lands situated in Survey No.257/9 to an extent of 0.40.5 Hectare. According to the petitioner, his wife filed a suit against him in O.S.No.525 of 1994 on the file of District Munsif Court, Polur and obtained an injunction against the alienation in I.A.No.881 of 1994. The nd said injunction order was registered with the 2 respondent. Therefore, an entry regarding the injunction order was available in the Encumbrance nd Certificate issued by the 2 respondent. It is the further case of the petitioner that the suit in O.S.No.525 of 1994 was dismissed for default as early as 05.09.2001 and his wife, who was the plaintiff in the suit, did not take any steps to restore the suit till date. However, the entry in the encumbrance certificate regarding interim order granted is still available. Therefore, the petitioner submitted the representation seeking removal of the entry by producing the Civil Court order dismissing the suit for default and the same has not been considered. Hence, he is before this Court by way of writ petition.

3. The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the injunction order granted by the Civil nd Court was already registered with the 2 respondent. Therefore, the entry is available in the encumbrance certificate regarding the interim order. If the petitioner wants to register the order passed by the Civil Court dismissing the suit for default, the same can be done provided the petitioner make necessary application for the same.

4. In view of the stand taken by the learned Additional Government Pleader appearing for the respondents 1 and 2, the petitioner is directed to file nd necessary application before the 2 respondent seeking registration of the order passed by the Civil Court dismissing the suit for default on 05.09.2001 by presenting the certified copy of the order. If any such application is made by nd the petitioner, the 2 respondent shall consider the same and register the Civil Court’s order if it is otherwise in order.

5. With the above observations, this writ petition is disposed of. No costs.

14.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No nr To

1.The District Registrar District Registrar Office Thiruvannamalai District.

2.The Sub-Registrar Kalambur Thiruvannamalai District.

S .SOUNTHAR , J .

nr

14.08.2024