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2026 Supreme(Online)(Mad) 30461
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
C.Varadarajan – Appellant
Versus
The Sub Registrar, Sub Registrar Office, Palacode – 636 808, Dharmapuri District – Respondent
Writ Petition | RFL/Palacode/38/2026
For the Appellants/Petitioners: Mr.P.Mani
For the Respondents: Mr.U.Baranidharan, Special Government Pleader
Lis pendens or pending suit does not restrain document registration absent injunction or court order.
Headnote:The petitioner challenged a refusal check slip issued by the Sub-Registrar under Article 226, citing non-application of settled law on registration despite a pending civil suit. No interim injunction, stay order, court attachment, or restraint existed against the property. Court found no legal impediment to registration. Issue framed: Whether lis pendens or pending suit restrains registration absent injunction. Ratio: Authorities confirm lis pendens does not bar registration department; non-application of mind led to refusal. Writ allowed; refusal quashed; Sub-Registrar directed to register sale deed within two weeks if otherwise in order.
| Table of Content |
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| 1. challenges refusal to register sale deed due to pending suit. (Para 1 , 2) |
| 2. no injunction; lis pendens does not bar registration. (Para 3 , 4) |
| 3. quash refusal; direct registration absent legal impediment. (Para 5 , 6) |
ORDER
This Writ Petition has been filed challenging the impugned refusal check slip dated 27.02.2026 issued by the respondent refusing to register the sale deed dated 27.02.2026 executed by one N.M.Arun in favour of the petitioner for registration on the ground that a civil suit is pending.
2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondent.
3. The petitioner has challenged the impugned refusal check slip on the ground that by total non-application of mind to the settled law, the impugned refusal check slip has been issued. According to the petitioner, there is no interim injunction or stay order granted by any competent court restraining the respondent from registering the said sale deed and therefore, there is no legal impediment for the respondent to register the sale deed executed by N.M.Arun in favour of the petitioner.
4. Learned counsel for the petitioner drew the attention of this Court to certain authorities rendered by this Court, which also makes it clear that lis pendens will not restrain the registration department from registering any document.
5. Admittedly, even according to the learned Special Government Pleader appearing for the respondent, there is no court attachment or restraint order passed by any court of law or any other statutory authority against the property, which is the subject matter of the sale deed presented by N.M.Arun in favour of the petitioner for registration. In view of the same, there is no legal impediment for the respondent to register the sale deed presented by N.M.Arun in favour of the petitioner. By total non-application of mind to the well settled law, the respondent has issued the impugned refusal check slip. Hence, the impugned refusal check slip, dated 27.02.2026 issued by the respondent has to be quashed and this writ petition has to be allowed.
6. Accordingly, the impugned refusal check slip, dated 27.02.2026 issued by the respondent is hereby quashed and this Writ Petition is allowed by directing the respondent to register the sale deed, dated 27.02.2026 executed by N.M.Arun in favour of the petitioner, if it is otherwise in order, subject to payment of requisite stamp duty and registration fees, within a period of two (2)
weeks from the date of receipt of a copy of this order. No costs.
