J. RAMAKRISHNAN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The present Writ Appeal has been filed against the order passed by the learned Single Judge in W.P.No.20394 of 2023, dtd. 11/7/2023.

(2.) Heard Mr.Srinath Sridevan, learned Senior Counsel appearing for the petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 3, and Mrs.S.Anitha, learned Special Government Pleader for the 4th respondent.

(3.) The brief facts of the case before the learned Single Judge in the Writ Petition were that, there was a partition suit filed by one of the legal heirs of late Shri.Mooka Nanja Gowder in O.S.No.182 of 1977 before the Subordinate Court, Udhagamandalam, in connection with a property measuring an extent of 20.75 cents of land, out of a larger extent of 2.51 acres in Kotagiri Village and Taluk, Nilgiris District. In the said suit, the Commissioner of Panchayat Union Council, Kotagiri, was arrayed as the 26 th defendant. A preliminary decree came to be passed on 16/9/1978, holding that the plaintiffs, legal heirs of the defendants 1 to 5 are entitled to 1/3rd share each. When an application in I.A.No.307 of 2012 was filed in the suit, seeking for passing of final decree, the District Collector of Nilgiris District and the Commissioner-cum-Block Development Officer, Panchayat Union, Kotagiri, filed an application in I.A.No.375 of 2013, seeking to implead themselves in the final decree proceedings. This application was dismissed on 28/3/2014 and the challenge made to the order of dismissal in C.R.P.No.2636 of 2015 before this Court was also dismissed on 23/7/2015. In the meantime, the final decree was passed by the trial Court on 15/7/2014. The order has become final and was binding on all the parties to the suit, including the Commissioner-cum-Block Development Officer, Kotagiri.