V. Janaki vs The Sub Registrar
2023 Latest Caselaw 10642 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

  MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

                         WP(C) NO. 33583 OF 2023

PETITIONERS:

    1          V. JANAKI
               AGED 61 YEARS
               PILANTHOLI, CHEEMENI P.O, CHEEMENI VILLAGE, HOSDURG
               TALUK, KASARGOD DISTRICT, PIN - 671313
    2          JISH. V
               AGED 39 YEARS
               S/O. PADACHERI KRISHNAN PILANTHOLI, CHEEMENI P.O
               CHEEMENI VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT,
               PIN - 671313
               BY ADVS.
               HEMALATHA
               BINU GEORGE
               AMANTA MATHEW


RESPONDENTS:

    1          THE SUB REGISTRAR
               THRIKARIPUR SRO, THRIKKARIPUR, KASARAGOD DISTRICT, PIN
               - 671310
    2          NARAYANI
               AGED 70 YEARS
               D/O. KAYANADAN LAKSHMI, KAYANADAN HOUSE, NEAR
               VEERABHADRA TEMPLE, CHERUVATHUR P.O, HOSDURG TALUK,
               KASARGOD DISTRICT, PIN - 671312
    3
               MANIKANDAN. K
               AGED 48 YEARS
               S/O. NARAYANI.K, KAYANADAN HOUSE, NEAR VEERABHADRA
               TEMPLE, CHERUVATHUR P.O, HOSDURG TALUK, KASARGOD
               DISTRICT, PIN - 671312

               BY G.P. SRI.RIYAL DEVASSY

        THIS     WRIT   PETITION     (CIVIL)   HAVING   COME   UP    FOR

ADMISSION        ON   16.10.2023,   THE    COURT   ON   THE   SAME   DAY

DELIVERED THE FOLLOWING:
 W.P.(C) No.33583/2023
                                  2




                          JUDGMENT

The grievance of the petitioner is that in spite of

lifting of attachment by the Sub court, Hosdurg in O.S.

No.8/2015, the 1st respondent is not effacing the entry

as regards the attachment in Exts.P5 and P5(a)

encumbrance certificates. The petitioner has produced

order dated 25.8.2023 in I.A. No.1/2023 in O.S.

No.8/2015 of the Sub Court, Hosdurg as Ext.P6.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader. In the nature of

order I propose to pass, notice to respondents 2 and 3 is

dispensed with.

3. The learned Government Pleader, on

instructions, submits that the 1st respondent Sub

Registrar has not received any intimation from the Sub

Court, Hosdurg regarding lifting of attachment. It is also

submitted that the petitioner has not produced the W.P.(C) No.33583/2023

certified copy of Ext.P3 judgment before the 1 st

respondent.

4. The learned counsel for the petitioner submits

that the petitioner will produce a certified copy of Ext.P3

judgment as well as an authenticated copy of Ext.P6

order before the 1st respondent, within a period of one

week.

5. If the petitioner produces a certified copy of

Ext.P3 judgment and authenticated copy of Ext.P6, the

1st respondent shall consider Exts.P4 and P4(a) requests

of the petitioner, in accordance with law, after hearing

respondents 2 and 3. This shall be done within a period

of one month from the date of production of such

documents.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

W.P.(C) No.33583/2023

APPENDIX OF WP(C) 33583/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 30.05.2023 IN FAO. NO. 37/2023 Exhibit P2 A TRUE COPY OF THE RECEIPT FOR DEPOSIT OF DECREE AMOUNT OF RS.12,93,009/- DATED 12/06/2023 OF THE SUB COURT, HOSDURG IN EP. NO. 35/2019 AS COMPLIANCE OF EXT. P1 Exhibit P3 A TRUE COPY OF THE JUDGEMENT DATED 26/06/2023 IN FAO. NO. 37/2023 OF THIS HON'BLE COURT Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 29/09/2023 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4(a) A TRUE COPY OF THE REPRESENTATION DATED 29/09/2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE IN RE SY NO. 241/3 IN CHEEMENI VILLAGE Exhibit P5(a) A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE IN RE SY NO. 260/188 AND 241/4 IN CHEEMENI VILLAGE Exhibit P6 A TRUE COPY OF ORDER DATED 25/08/2023 IN I.A NO. 1/2023 IN OS NO. 8/2015 OF SUBORDINATE JUDGES COURT, HOSDURG