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WP No. 1718 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

WP No. 1718 of 2026

1. Suseelamma

W/o.late.Ramachandra Reddy,

2. Chandra Sekar Reddy

S/o.late.Ramachandra Reddy,

3. Chithra

d/o.late.Ramachandra Reddy,

All are residing in Kothajeegur Village,

Komaranapalli Post,

Denkanikottai Taluk, Krishnagiri District.

..Petitioners

Vs

1. The Inspector General of Registration

Santhome High Road,

Mandaveli, Chennai-600 028.

2. The Sub Registrar

Sub Registrar Office

Kelamangalam, Krishnagiri District.

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WP No. 1718 of 2026

3. Jayama

w/o.Pappireddy,

Pyarakapalli Village,

S.Mudhukanapalli Post,

Hosur Taluk, Krishnagiri District.

..Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India

praying for issuance of Writ of Mandamus directing the 1st respondent to

cancel the registration of preliminary decree in document No.7130 of 2025

registered in favour of the 3rd respondent on 16.07.2025 within time frame

fixed by this Honourable Court.

For Petitioners: Mr. S.Chandrasekar

For Respondents: Mr.U.Baranidharan, Spl.G.P. for R1 & R2

ORDER

A partition suit in O.S.No.60 of 2014 was filed by the third respondent

before the District Munsif Court, Denkanikottai. Preliminary decree dated

24.06.2024 was issued in the said suit. The said preliminary decree was

registered as document no.7130/2025 on 16.07.2025. After requesting for a

cancellation of such registration, the present writ petition has been filed.

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WP No. 1718 of 2026

2. Learned counsel for the petitioners refers to Section 21 of the

Registration Act, 1908 to contend that no non-testamentary instrument relating

to an immovable property should be accepted for registration unless it contains

a description of such property in terms sufficient for the identification thereof.

Because a preliminary decree does not satisfy this requirement, he contends that

the registration is liable to be cancelled.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts

notice for respondents 1 & 2. He submits that the registering officer does not

have the authority to cancel the registration and that it is always open to the

petitioners to obtain an order reversing such decree before the appellate Court.

4. Section 21 of the Registration Act applies to non-testamentary

documents executed by and between the parties to such documents. It is not

intended to apply to the decree of a Court. The petitioners have stated that they

have filed an appeal against the preliminary decree before the appellate Court.

In case the petitioners were to succeed, it is always open to the petitioners to

register the appellate decree or obtain a neutralising entry on that basis. At this

juncture, no case is made out to cancel the registration.

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WP No. 1718 of 2026

SENTHILKUMAR RAMAMOORTHY, J.

KJ

5. The writ petition stands disposed of with the above observations

without any order as to costs.

03-02-2026

Index : Yes/No (2/2)

Internet:Yes/No

Neutral Citation : Yes/No

kj

To

1.The Inspector General of Registration

Santhome High Road,

Mandaveli, Chennai-600 028.

2.The Sub Registrar

Sub Registrar Office

Kelamangalam, Krishnagiri District.

WP No. 1718 of 2026

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