IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
S.Murugan – Appellant
Versus
The District Registrar, Sivaganga District – Respondent
| Table of Content |
|---|
| 1. petition seeks notation of suit pendency in encumbrance certificate. (Para 1 , 2) |
| 2. suit pendency not encumbrance; seek civil interim relief. (Para 3) |
| 3. writ dismissed with liberty for interim application. (Para 4) |
ORDER
The writ petition is filed for considering the representation of the petitioner dated 10.02.2026 and to make necessary entries in the encumbrance certificate indicating the pendency of the suit in O.S.No.85 of 2025 on the file of the Sub Court, Manamadurai.
2.It is the contention of the petitioner that the petitioner is the owner of the property and when the suit is pending, the respondents 3 and 4 are now trying to create third party interest and causing serious prejudice to the petitioner.
3.I heard the learned Special Government Pleader appearing on behalf the respondents 1 and 2. It is already held by this Court that mere pendency of a suit cannot be a matter that can be considered by the Sub Registrar even in cases, where the Sub Registrar is also made as a defendant in the suit. Therefore, pendency of a suit by itself cannot be registered as an encumbrance in respect of the property. If the petitioner has an apprehension that third party righ
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.