A registration authority cannot refuse to register a partition deed based on a court attachment order if said attachment is no longer subsisting or has been legally closed.

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records issued by the 2nd respondent in impugned Refusal Check slip in RFL/Velayuthapalayam/110/2025 dated 19.12.2025 and quash the same as illegal, further direct the 2nd respondent herein to register the Partition deed dated 15.12.2025 within a time stipulated by this Court.

ORDER

This writ petition is filed challenging the impugned check slip dated 19.12.2025.

Upon perusal of the impugned check slip, it can be seen that the refusal for registration is on the ground that there is an entry of a Court attachment order.

The case of the petitioner is that the attachment was made in O.S.No.77 of 1977 by an order dated 16.08.1991. Subsequently, execution petitions were filed and the orders for attachment were closed and the same was also confirmed by this Court in C.M.S.A(MD)No.21 of 2009 and therefore, the attachment itself is no longer subsisting. Secondly, it can be further seen that it is only the partition of the property between the existing co-owners. Thirdly, the contention of the petitioner that the attachment per se, does not prohibit the entry in the partition deed and registration of the same.

I am of the view that the case of the petitioner deserves acceptance. In view thereof, the impugned order dated 19.12.2025 shall stand set aside. The respondent authority is directed to register the document within a period of three weeks from the date of receipt of a wep copy of this order without waiting for the certified copy of this order.

This Writ Petition is allowed on the following terms. No Costs.