Court mandates presentation of civil decree for registration before encumbrance recordation, with reasoned order if refused.

PRAYER – This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the 2nd respondent herein to record the decree and judgment of the Learned XI Assistant Judge of the City Civil Court at Chennai passed in O.S.No. 3738 of 2017 in the Register of Encumbrance maintained by the Registration Department as per the petitioner’s representation dated 11.12.2025.

For Petitioner(s): Mr.P.Jeyasankar For Respondent(s): M/s.K.Aswini Devi, Additional Government Pleader

O R D E R

This Writ Petition has been filed to record the decree and judgment of the learned XI Assistant Judge, City Civil Court at Chennai, passed in O.S.No.3738 of 2017 in the Register of Encumbrance maintained by the Registration Department. The petitioner had given a representation on 11.12.2025 for the aforesaid purposes. Since the same was not considered, the petitioner has filed this Writ Petition.

2.Ms.K.Aswini Devi, learned Additional Government Pleader, accepts notice on behalf of the respondents. On instructions, she would submit that the petitioner will have to first present the decree and judgment of the learned XI Assistant Judge, City Civil Court at Chennai passed in O.S.No.3738 of 2017 for registration and only thereafter, the 2nd respondent will be in a position to take decision as to whether the said document can be registered or not.

3.Learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to present the decree and judgment as referred to supra for registration with the 2nd respondent.

4.Accordingly, this Writ Petition is disposed of by directing the petitioner to present the decree and judgment of the learned XI Assistant Judge, City Civil Court at Chennai passed in O.S.No.3738 of 2017 for registration with the 2nd respondent within a period of one week from the date of receipt of a copy of this order. On presentation of the aforesaid documents for registration, the 2nd respondent shall take a final decision as to whether the said document can be registered or not, within a period of four weeks thereafter. In case the 2nd respondent decides to refuse registration of document, the 2nd respondent shall pass a speaking order as to why the document cannot be registered. However, there shall be no order as to costs.