Orders of injunction restraining alienation of specific immovable property can be directed to be communicated to the Sub Registry with a direction to enter the particulars of the order in Book 1, as per Section 89(5) of the Registration Act, 1908.

Application praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to pass an order directing the Registry to communicate the interim order of injunction granted in I.A. No. 1796/2013 on 27.08.2013 and extended until further orders on 28.02.2014 in respect of the plaint schedule property comprised of 7.20 cents situated in old Survey No.200/1 and Re-Survev No.86/3 of Nellikkode Amsom & Desom, Chevayoor Sub District, Kozhikode District with the residential building therein bearing old No.28/2189 and new No.19/310 and all improvements therein to the Sub Registrar, Chevayoor, Kozhikode District.

This application coming on for orders upon perusing the application and the affidavit filed in support thereof, and this court's orders dated 27.08.2013 and 28-02-2014 in IA 1796/2013, and upon hearing the arguments of M/S N. SUBRAMANIAM, M.S. NARAYANAN, RANJITH NARAYANAN, S.K. SAJU, USHA NARAYANAN, A. SIMI, Advocates for the petitioner, the court passed the following:

P.B. Suresh Kumar, J.

In this interlocutory application, the appellant seeks an order directing the Registry to communicate the interim orders of injunction granted by this Court on I.A.No.1796 of 2011 to the Sub Registrar, Chevayoor.

2. As per the order passed on I.A. No 1796 of 2011 on 27.08.2013, this Court injuncted the respondent in the appeal from alienating or encumbering in any manner, the plaint schedule property in O.S.No.414 of 2011 on the fie of the Court of the Subordinate Judge, Kozhikode, for a period of six months and the said order was later extended until further orders on 28.02.2014. It is stated by the appellant in the affidavit filed in support of the application that though the orders passed by this Court on I.A.No.1796 of 2011 were communicated to the Sub Registrar, within whose jurisdiction the plaint schedule property is situated, the same are not entered in the books maintained by him and consequently, the interim orders issued by this Court are not reflected in the encumbrance certificates issued in respect of the plaint schedule property from the Sub Registry. It is also stated in the affidavit that the particulars of the orders issued by this Court are not entered in the books maintained by the Sub Registrar on the ground that only orders which would fall within the purview of Section 89(5) of the Registration Act, 1908, hereinafter referred to as 'the Act' for short, can be entered in the books maintained at the Sub Registry. It is further stated in the affidavit that if the orders of injunction passed by this Court are not entered in the books maintained at the Sub Registry, grave prejudice would be caused to the appellant, as notwithstanding the order, the legal representatives of the respondent are attempting to alienate the plaint schedule property to third parties.

3. Section 89 of the Registration Act, 1908, as amended by the Kerala Act 7 of 1968, reads thus:

89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed—

(1) xxxxxxxxxxx

(2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No.1.

(3) xxxxxxxxxxxxxx

(4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No.1.

(5) Every court passing--

(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title, or interest to or in immovable proper