M/S The South Indian Bank Ltd, vs The State Of Andhra Pradesh
2024 Latest Caselaw 6654 AP

Andhra Pradesh High Court - Amravati

M/S The South Indian Bank Ltd, vs The State Of Andhra Pradesh on 2 August, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

                              IN THE HIGH COURT OF ANDHRA                   Bench
    APHC010178002024                                                     Sr.Nos:-33 to
                                        PRADESH                               35
                                      AT AMARAVATI                          [3443]


                            WRIT PETITION No.9214 of 2024 along
                            with W.P.Nos.3181 and 13728 of 2024.

M/s The South
Indian Bank Ltd
                                                         ...Petitioner

      Vs.

The State of Andhra Pradesh
and others                                               ...Respondents


                                       **********

Sri Ambatipudi Satyanarayana, learned Senior Counsel representing Ms.Ch. Laxmi Chaya, Advocate for petitioner.

Smt S. Pranathi, learned Special Government Pleader for the State and the learned Government Pleader for Registration and Stamps, Advocates for Respondents.

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE NINALA JAYASURYA

DATE : 2nd August 2024

PC:

Heard Sri Ambatipudi Satyanarayana, learned Senior Counsel representing Ms.Ch. Laxmi Chaya, learned counsel for the petitioner, and Smt S. Pranathi, learned Special Government Pleader for the State.

The contention of the learned counsel for the petitioner is that refusal on the part of the registering authority to register the sale made in favour of the auction purchaser on the ground that there was an order of attachment passed by a civil Court is unsustainable inasmuch as it is settled law that in case the order of attachment follows the date of mortgage, then, the authority cannot refuse to register such a document.

Reference in this regard is made to a Division Bench judgment of the combined High Court in the case of City Union Bank Limited, Karimnagar Branch vs. The Sub Registrar, Peddapalli and others decided on 06.08.2018 in W.P.Nos.1084 and 2585 of 2017, followed in W.P.No.3892 of 2022 dated 22.04.2022.

Orders reserved.

DHIRAJ SINGH THAKUR, CJ

NINALA JAYASURYA, J

AMD