An order of attachment does not bar the registration of a sale deed for properties not subject to the attachment; such sales are void only concerning the attached property.

JUDGMENT :

TEEKAA RAMAN, J.

1. The unsuccessful writ petitioner is the appellant herein.

2. The second respondent is the owner of the petition mentioned property. He borrowed loan from the third respondent. Since the second respondent committed default in repaying the loan amount, the third respondent filed a suit before the Sub Court, Kovilpatti, in O.S.No.99 of 2019, seeking for recovery of the amount due to him. Pending suit, the third respondent moved I.A.No.217 of 2019 under Order III Rule 5 of the Code of Civil Procedure, wherein the learned Trial Judge has passed an order of attachment before judgment on 01.07.2019. Since the order of attachment before judgment is in force, the first respondent refused to register the document presented by the second respondent and the appellant / writ petitioner for registration.

3. Mr.Ajmal Khan, learned Senior Counsel, appearing for the appellant would contend that an order of attachment only creates a charge over the property and it does not create a statutory bar to the registering authority, namely, the Sub Registrar, Ottapidaram, for registering the sale deed produced by the alleged judgment debtor.

4. On factual position of law, learned Senior Counsel would contend that while the sale deed in question was presented for registration on 28.06.2019, the order of attachment before judgment was passed only on 01.07.2019 and hence the Sub Registrar cannot refuse to register the sale deed.

5. The above contentions of the learned Senior Counsel for the appellant were not accepted by the learned Single Judge and by order dated 08.08.2019, the learned Single Judge has observed that the document was prepared on 27.06.2019 and submitted for registration on 28.06.2019 before the first respondent and an order of attachment was passed on 01.07.2019 by the learned Trial Judge. For attachment batta, the case was posted on 12.07.2019 and on that ground, the writ petition has been dismissed and hence this writ appeal.

6. On 06.12.2024, this Court directed the learned Additional Government Pleader appearing for the first respondent to get instructions from the Sub Registrar, Ottapidaram, for marking the document as 'P' document on 28.06.2019, as to whether they have received any intimation from the Court or the individual and which has prompted them to mark the document as 'P'document.

7. Pursuant to the said direction, the learned Additional Government Pleader produced a copy of the pending document as well as a copy of the order of attachment before judgment passed by the Civil Court before this Court.

8. On perusal of the order passed by the learned Single Judge, we find that in the interlocutory application filed by the third respondent in I.A.No.217 of 2019 in O.S.No.99 of 2019, the learned Trial Judge has pronounced orders on 28.06.2019 and hence, the submissions made on behalf of the appellant are factually incorrect. From the order passed by the learned Trial Judge, which has been extracted by the learned Single Judge, the factual position of the case has also been made clear.

9. It is the Civil Rules of Practice that before ordering attachment, the respondent in the application for attachment before judgment will be called upon to furnish security for the suit amount, failing which, order of attachment before judgment will be passed. Hence, we find that on 28.06.2019 itself, in the suit for recovery of money filed by the third respondent – Balamurugan, creditor, against the second respondent – Selvakumar, land owner, an order of attachment before judgment was in force.

10. In the sale deed presented for registration, there are two items of properties, one property is situated at Panchalankurichi Village, Ottapidaram Taluk and another property is situated at Vilathikulam Town and hence, the sale deed can be placed before any one of the Sub Registrars, namely, Ottapidaram Sub Registrar or Vilathikulam Sub Registrar, who is having jurisdiction.

11. The sale in respect of the property of the second respon