Mohammed Muneera v. Abdullah Sahib

JUDGMENT (Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the order of the learned Single Judge allowing the writ petition by setting aside the order of the refusal check slip issued by the Sub Registrar and directing the Sub Registrar concerned to register the document, the present appeal came to be filed.

2.The contention of the appellants is that the appellants and the writ petitioner are siblings. According to the appellants, the Will, based on which the writ petitioner claim right over the subject property, is deemed to have been revoked by the testator herself. Thus the sale deed executed by the writ petitioner suppressing all these materials facts shall not be registered. Hence, the Sub Registrar has refused to register the sale deed executed by the writ petitioner. However, the learned Single Judge without considering all facts, has simply quashed the refusal check slip issued by the Sub Registrar and directed to register the sale deed executed by the writ petitioner. Aggrieved by the same, the appellants have filed the present writ appeal.

3.The learned Additional Government Pleader appearing on behalf of the official respondents, on instructions, would submit that the document in question has already been registered and now the parties have also filed a civil suit in O.S.No.173 of 2025 on the file of the District Munsif, Ramanathapuram with regard to the dispute over the subject property.

4.Heard the learned counsel appearing on either side and perused the materials placed on record.

5.At the outset, we are of the view that mere registration of a document will not have any better title. Further, the parties have already approached the civil Court with regard to the dispute between them over the subject property. Hence, the parties shall establish their title over the subject properties in the pending suit by adducing evidence. The civil Court, before which the suit is pending, shall decide the right of the parties without being influenced by any of the observations made by the writ Court.

6.With the above observation, this writ appeal is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. [N.S.K.,J.] [M.J.R.,J.]

16.03.2026 NCC : Yes / No Index : Yes / No ta To The Sub Registrar, Keelakarai, Ramanathapuram District N.SATHISH KUMAR

,J.

and M.JOTHIRAMAN,J. ta W.A(MD)No.17 of 2026

23.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A.(MD) No.17 of 2026 and C.M.P.(MD)No.161 of 2026 1.Mohammed Muneera 2.Mohammed Mansoora ... Appellants -vs- 1.Abdullah Sahib 2.The Sub Registrar, Keelakarai, Ramanathapuram District. ... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 01.08.2025 in W.P.(MD)No.20965 of 2025 on the file of this Court. For Appellants : Mr.H.Jasima Yasmin M/s.Ajmal Associates For Respondents : Mr.F.Deepak (R2) Additional Government Pleader Mr.G.Dinesh (R1)