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Person having initiated civil proceedings cannot parallely file a writ petition seeking its disposal

High Court of Judicature at Madras: The Single Judge Bench of K. Ravichandrabaabu J., recently addressed a writ petition filed under Article 226 of the Constitution, which sought to direct the respondent to dispose of his representation wherein the petitioner had objected to register any document in connection to the subject-matter property.

The Court held that since the petitioner himself had admitted that 3 suits were pending in respect of the subject-matter properties between the parties, it is upon the petitioner to work out his remedy in the civil proceedings by filing interim applications, if he has any cause of action to receive interim relief. The Court observed that the petitioner had parallely proceeded with a complaint before the first respondent and also filed a writ petition seeking for its disposal. The Court was of the view that the petitioner could not do so without pursuing remedy before the Civil Court and hence, the writ petition would not be entertained. [G. Rohit v. Inspector General of Registration, 2018 SCC OnLine Mad 716, order dated 13.3.2018]

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