Date: 05-11-2020
Business: Adv. Ms. Ankita Rele with Adv. Mr. Anil Lalla for plaintiff present.
Adv. Mr. Avinash Doke for defendant no.1 present.
Heard Adv. for plaintiff
Adjd to 10.11.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv. Ankita Rele for plaintiff present.
Adv. Avinash Doke for defendant no. 1 present.
Order on Miscellaneous Application No. 54/2020
This is an application for condonation of delay in registering the consent decree dtd. 22.04.2013. The defendant no. 1 has filed reply virtually granting no objection to allow the application but only denied the allegation that he did not submit copy of consent decree before the Sub- Registrar of assurances. Ld. Adv. for the plaintiff has cited judgment in S. Sarvothama vs. The Sub-Registrar, oulgaret, Pondicherry Judgment dtd. 07.02.2019 of Hon\''ble Madras High Court in Writ appeal no. 336/2019wherein it is highlighted that the law of limitation does not apply when a court decree is presented for registration. In view of this law, the delay of seven years in not registering the consent decree is condoned.
The second prayer is to direct the executor of the will to remain present before the Registrar for registering the consent decree. The defendant no. 1 has expressed his inability to attend the office due to medical condition. In that light no any directions can be given to attend the office of Sub-registrar as prayed. The parties are at liberty to present the consent decree for registration and get it register in accordance with law.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-11-2020
