Issath vs Central Bank Of India
2022 Latest Caselaw 7964 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(C) NO. 18561 OF 2022
PETITIONER/S:

          ISSATH , AGED 29 YEARS
          S/O ABDUL RASAK, RESIDING AT MUSILIAR MANZIL,
          NIRANAM VADDAKUMBHAGOM MURI, THIRUVALLA TALUK,
          PATHANAMTHITTA DISTRICT PIN 689621
          REPRESENTED BY POWER OF ATTORNEY HOLDER AMINA BEEGUM
          S.F. AGED 29 YEARS, W/O ISSATH, MUSILIAR MANZIL,
          NIRANAM VADDAKUMBHAGOM MURI, THIRUVALLA TALUK,
          PATHANAMTHITTA DISTRICT PIN 689621
          BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)


RESPONDENT/S:

    1     CENTRAL BANK OF INDIA
          REGIONAL OFFICE, GOPAL BUILDING, P.B. NO. 98 TC NO.
          25/2211, TRY VILLA, THAMPANAGAR, THIRUVANANTHAPURAM
          695001 REPRESENTED BY CHIEF MANAGER AND AUTHORIZED
          OFFICER.
    2     SUB REGISTRAR,
          KADAPRA SUB REGISTRAR OFFICE, KADAPRA P.O., THIRUVALLA,
          PATHANAMTHITTA DISTRICT 689 621.
    3     VILLAGE OFFICER,
          KADAPRA KADAPRA VILLAGE, KADAPRA P.O., THIRUVALLA,
          PATHANAMTHITTA DISTRICT PIN 689621
    4     BINNOP BALACHANDREN,
          KARIKKAMPALLIL HOUSE, VALAJAVATTOM P.O., THIRUVALLA,
          PATHANAMTHITTA DISTRICT PIN-689104



          DR THUSHARA JAMES-SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18561 OF 2022                2



                                JUDGMENT

Petitioner has approached this Court with a grievance that the

sale certificate in respect of the property brought to sale by the 1 st

respondent and purchased by the petitioner has not been registered

by the 2nd respondent stating that there are attachments in respect

of the said property.

2. Learned counsel appearing for the petitioner also

submits that encumbrance certificate issued by the Registration

Department shows that the property is burdened with an

attachment dated 10.11.2021 and reference is made to Ext.P3 in

this regard. The learned counsel for the petitioner submits with

reference to the judgment of a Division Bench of this Court in

Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar

[2020 (6) KLT 68] that attachments effected after the date of

mortgage will not affect mortgage and they are to be effaced. It is

submitted that the mortgage in this case was created on 14.07.2015,

as is clear from Ext.P2 document.

3. Heard the learned Government Pleader also.

4. Having regard to the facts and circumstances of the case

and in the light of the judgment of the Division Bench of this Court

in Keechery Service Co-operative Bank (supra), I am of the view

that the petitioner is entitled to succeed. The 2 nd respondent is,

therefore, directed to register the sale certificate issued by the 1 st

respondent in favour of the petitioner on satisfaction of necessary

formalities including the payment of stamp duty, registration

charges etc. and without being in any manner affected by the

attachments referred to in Ext.P3. The 2 nd respondent shall effect

registration forthwith, as directed above, on presentation of the

documents (Sale certificate) before him. The 3 rd respondent will also

effect mutation, taking note of the above direction, after the sale

certificate is registered.

The writ petition is disposed of with the above directions.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 18561/2022

PETITIONER EXHIBITS Exhibit P1 THE COPY OF SALE CERTIFICATE UNDER RULE 9 (6) OF THE ACT ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 31.12.2021.

Exhibit P2 THE COPY OF SALE CERTIFICATE EXECUTED BY THE FIRST RESPONDENT DATED 26.05.2022.

Exhibit P3 THE COPY OF ENCUMBRANCE CERTIFICATE OF THE REGISTRATION DEPARTMENT DATED 30.05.2022.