Parallel writ relief was declined because the sale-deed dispute was pending in a specific-performance suit.

The petitioner alleged that, following a sale agreement dated 17 June 2026, the third respondent executed a sale deed dated 27 August 2026 in his favour, which was presented for registration on 31 August 2026. The third respondent did not appear to admit execution before the Sub-Registrar

The petitioner sought a writ directing an enquiry under Sections 74–77 of the Registration Act, 1908, and registration and release of the document. The petitioner had also filed O.S. No. 355 of 2026 before the Principal District and Sessions Court, Nagercoil, seeking specific performance of the sale agreement and an injunction against alienation of the property

1. Whether the Court should grant the requested writ directing an enquiry and registration of the sale deed when the petitioner had already instituted a civil suit seeking specific performance and consequential reliefs

2. Whether the petitioner could rely on Sections 74–77 of the Registration Act, 1908, and Kalavakurti Venkata Subbaiah v. Bala Gurappagari Guruvi Reddy to obtain the requested relief in the circumstances of this case

Sections 74–77 of the Registration Act, 1908, provide a statutory procedure concerning an enquiry into a refusal to register a document and, under Section 77, a suit for a direction to register may be available in the circumstances specified by the Act

Relying on Kalavakurti Venkata Subbaiah v. Bala Gurappagari Guruvi Reddy (5 August 1999), the Court noted that Section 77 may be an exclusive remedy where the matter concerns registration alone and the statutory stage for that remedy has arisen; it does not displace a broader suit for specific performance and consequential reliefs. The Court also proceeded on the basis that the petitioner had already invoked the civil remedy relevant to the contractual and execution disputes raised

The Court distinguished the precedent relied on by the petitioner, noting that it concerned a suit for specific performance and other consequential reliefs where the document had not been presented for registration. Here, the petitioner had already brought a civil suit seeking specific performance of the sale agreement, execution of a proper sale deed upon payment of the balance consideration, and an injunction against alienation

The issues concerning execution of the deed and the parties’ contractual obligations were therefore before the competent Civil Court. In that context, the Court declined to entertain the writ petition and left those matters for determination in the pending suit

It expressly made no observation on the merits of either party’s claims, ordered no costs, and closed the connected miscellaneous petition