IMPORTANT POINT
When suit, appeal or proceedings, wherein interim order of injunction restraining alienation passed terminates, and interim order vacated, said fact also should be communicated with further direction to make entry in Book-1.

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.ANo.1796 of 2011 on 27.8.3013, 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 file 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 28.2.2014. 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-Registrar. 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 Registrar. It is further stated in the affidavit that if the orders 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) xxx xxx xxx

(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. l.

(3) xxx xxx xxx

(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. l.

(5) Every court passing:

(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title, or interest to or in immovable property in favour of or of any person, or

(b) an order for attachment of immovable property or for the release of any immovable property from attachment, shall send a copy of such decree or order together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy of memorandum in his Book No. l.

(6) Every officer issuing a written demand before the attachment of the immovable property of a defaulter under the Revenue Recovery Act for the time being in force shall

(a) send a copy of such written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by Section 21; and

(b) where such written demand is withdrawn or attachment of property is lifted or the property is sold and s