V P CHATHU ACHAN S/O DHARMAYI NETHYARAMMA V P Vs. DISTRICT REGISTRAR REGISTRATION DEPARTMENT CIVIL STATION

JUDGEMENT

(1.) According to the case projected by the petitioners in this Writ Petition (Civil), the suit for partition of the property of Dharmayi Nethyaramma by her legal heirs was the subject matter in original suits, O.S.No. 186/2003 and O.S. No.414/2006 on the file of the Addl. Sub Court, Palakkad. It is pointed out that Regular First Appeal, RFA No.502/2008 was preferred as against the impugned judgment and decree in O.S.No.186/2003 and R.F.A.No.766/2011 against the impugned decree in O.S.No. 404/2006 before this Court. Later, the matters in RFAs were settled in mediation, which resulted in Ext.P-1 common judgment dated 14.1.2015 rendered by this Court in RFA Nos.502/2008 and 766/2011, which reads as follows:

(2.) It is the case of the petitioners that, based on the said mediated settlement, drawn up as per of Ext.P-1 judgment of this Court, partition deed was duly executed by the parties concerned and the properties were allotted to their respective sharers in terms of the compromise decree passed by this Court in respect of all the petitioners herein, who secured their shares as per the different allotments, in terms of Ext.P-1, etc. Ext.P-2 dated 20.11.2011 is the deed of partition among the parties, which was presented for registration before the 2nd respondent Sub Registrar, SRO, Vadakkancherry, Palakkad revenue district. According to the petitioners, the 2nd respondent SRO had returned back the deed on the ground that stamp due in accordance with the value of the land is to be paid and that no registration is possible since relinquishment of the rights can only be treated as sale deed and that as stamp duty of the sale deed is to be paid and that the stamp duty paid by the petitioner was not sufficient, etc. It is in the light of these factual averments, that the petitioners have filed the instant Writ Petition (Civil) with the following prayers:

(3.) Heard Sri.K.Mohanakannan, learned counsel appearing for the petitioners and Smt.A.C.Vidhya, learned Govt. Pleader appearing for the respondents.