IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Velmurugan – Appellant
Versus
The District Registrar, Karur District, Karur – Respondent
Writ Petition | A.S.No.11 of 2022
| Table of Content |
|---|
| 1. petition to quash refusal of appellate decree registration. (Para 3) |
| 2. arguments on necessity and lack of registration bar. (Para 4 , 5) |
| 3. no bar to register appellate decree; petition allowed. (Para 6 , 7) |
2. The Sub Registrar, Sub Registrar Office, Melakarur, Karur District. ...Respondents Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a WRIT OF CERTIORARIFIED MANDAMUS, to call for the records pertaining to the impugned Refusal Check Slip bearing Refusal No.RFL/Melakarur/86/2026 dated 16.03.2026 issued by the 2nd Respondent and quash the same as illegal and consequently direct the 2nd Respondent to register the Judgment and Decree dated 30.01.2025 passed in A.S.No.11 of 2022 on the file of the learned Principal Subordinate Court, Karur, presented by the Petitioner and pass any other orders which this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner : Mr.R.Gunasekaran For Respondents : Mr.F.Deepak Special Government Pleader ORDER The present writ petition has been filed to quash the Impugned Refusal Check Slip dated 16.03.2026 and consequently, direct the 2nd respondent to register the judgment and decree dated 30.01.2025 passed in A.S.No.11 of 2022 on the file of the learned Principal Subordinate Court, Karur.
2. Heard Mr.R.Gunasekaran, learned counsel appearing for the petitioner and Mr.F.Deepak, learned Special Government Pleader, who takes notice on behalf of the respondents.
3. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it can be seen that the petitioner presented for registration a judgment and decree dated 30.01.2025 in A.S. No. 11 of 2022 on the file of the learned Principal Subordinate Court, Karur. The registering authority found that the original suit decree had already been registered and that the appeal had been dismissed without any modification to the said decree. On that basis, the authority refused to register the appellate decree, stating that when the original decree has already been registered and the appellate decree merely dismisses the appeal filed by the other side, there is no necessity to register the same.
4. The learned counsel for the petitioner would submit that although it is true that the original decree has already been registered and governs the rights of the parties, there is no express legal bar to registering the appellate decree as well. It was further contended that when the petitioner has presented the document with due charges, registration cannot be refused unless there is any express bar.
5. On the other hand, learned Special Government Pleader for the respondents would submit that since the decree has already been registered, no useful purpose would be served by registering the appellate decree, and hence, the same was rightly refused.
6. Though there is some substance in the reasoning stated in the Impugned Refusal Check Slip dated 16.03.2026 that no useful purpose would be served, considering the absence of any express provision barring the registration of an appellate decree, the reason assigned in the Impugned Refusal Check Slip dated 16.03.2026 cannot be sustained.
7. In view thereof, the writ petition is allowed on the following terms:-
i. The Impugned Refusal Check Slip dated 16.03.2026 stands quashed ii. The petitioner is directed to re-present the Judgment and Decree passed by the learned Principal Subordinate Court, Karur in A.S.No.11 of 2022 dated 30.01.2025 for registration, within a period of two weeks from the date of receipt of a web copy of the order, without waiting for the certified copy of the order;
iii. Upon such representation, the same shall be registered, if there is no other impediment otherwise. No costs.
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