R. VIJAYABASKAR Vs. SUB REGISTRAR, TUTICORIN

JUDGEMENT

(1.) The writ petition has been filed in the nature of Certiorarified Mandamus, seeking interference with a refusal check slip in RFL/Ottapidaram/1/2013, dtd. 12/1/2023 and consequently direct the first respondent/Sub Registrar, Ottapidaram, Tuticorin District, to register the preliminary decree in O.S.No. 23 of 2014, dtd. 21/3/2016 passed by the learned I Additional District Judge, Tuticorin and the final decree in I.A.No. 158 of 2016 in O.S.No. 23 of 2014, dtd. 7/3/2017.

(2.) The petitioner herein R.Vijayabaskar had earlier filed a O.S.No. 23 of 2014 against three defendants namely V.Krishnamoorthy, V.Muthulakshmi and K.Santhanalakshmi. The suit was filed on the strength of mortgage, created by the defendants therein. After trial, preliminary decree was passed on 21/3/2016, directing the defendants to pay the due amount under mortgage, failing which, the property would be brought to sale. Subsequently, the petitioner has also filed I.A.No.158 of 2016 seeking final decree. The final decree was also passed on 7/3/2017.

(3.) The petitioner had presented the preliminary decree before the first respondent for registration. The first respondent had refused to register the same on the ground that land acquisition has been initiated over the subject property.