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2023 Supreme(Ker) 348

ANU SIVARAMAN
State Bank of India, Represented by its Assistant General Manager, Stresses Assets Management Branch (S. A. M. B) – Appellant
Versus
Sub Registrar, Kozhencherry, Pathanamthitta – Respondent


Advocates Appeared:
For the Petitioner: Jawahar Jose, Cissy Mathews.
For the Respondent: Sri. T.P. Sajan, SPL.GP (Forest).

JUDGMENT :

This writ petition is filed seeking the following reliefs :-

    “(i) Issue a writ, order or direction in the nature of mandamus, directing the 1st respondent to register the sale deed produced by the petitioner, in favour of Mr. Jose Thullakulathil Simon, S/o. Thullakulathil Daniel Simon, Thullakulathil House, Kulananda, Pathanamthitta District, by not insisting the endorsement regarding the “attachment” in the document to be registered.

(ii) Issue a writ, order, or direction in the nature of mandamus, directing the 6th respondent to efface/ expunge all attachments effected after 5-3-2014 in the mortgaged property, from the Tandaper Register, as the attachment itself is illegal.

(iii) Declare that the insistence of endorsement regarding the “attachment” in the document to be registered is illegal and arbitrary, as the “attachment” was ordered by the Judicial First Class Magistrate Court-I, Peermade, after the creation of mortgage and that the criminal proceedings against the accused in the said case who is the borrower with the bank has been abated by his death on 4-6-2021.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for responde

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