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2024 Supreme(Online)(KER) 53820

HIGH COURT OF KERALA
SUNDARAM HOME FINANCE LTD – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Dated this the 12th day of February, 2024 Petitioner has approached this Court seeking the following reliefs :

“(i) issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the second respondent to forthwith erase the attachment reflected in Ext.P5 encumbrance certificates, which is the result of entering into Book No.1 of Karakulam Sub Registry, Volume 406 pages 243-246 in file No.F86/2022, the attachment effected in O.S.No.870/2022 on the files of Principal Munsiff's Court, Thiruvananthapuram, which is entries 2 in Ext.P5, in the interests of justice.

(ii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ, directing respondent No.2 the Sub Registrar to facilitate registration as and when the sale certificate is presented on stamp paper after erasing the attachment and further direct the Village Officer, the third respondent, to effect mutation in the name of the purchaser to whom the sale certificate will be issued and registered as and when registration is facilitated.

(iii) Allow the petitioner to recover the full costs incurred for the institution and conduct of the proceedings from respondent Nos.4

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