JUDGMENT

The petitioner Bank has filed this writ petition for a direction to the Sub Registrar and the Village Officer to efface the attachments entered in Ext.P4 encumbrance certificate which are subsequent to the equitable mortgage created in its favour by its borrowers, and for direction to register Ext.P5 sale deed in favour of the 3rd respondent.

2. One Mr. P.L.Thomas, proprietor of M/s.Manikutty Tours and Travels availed credit facilities from the petitioner bank by creating equitable mortgage by deposit of title deeds on 02.02.2011. Ext.P1 is the copy of the letter of deposit of title deeds. Since the borrower defaulted payment of installments, the petitioner initiated proceedings under the SARFAESI Act , and the property was sold to the 3rd respondent as per Ext.P3 sale certificate dated 24.03.2022.

3. When the 3rd respondent took steps to register Ext.P5 draft sale deed, the 1st respondent Sub Registrar informed that the registration of the sale deed is possible only if the attachments of Civil Courts entered in Ext.P4 encumbrance certificate are lifted. The petitioner contends that the attachments entered in Ext.P4 encumbrance certificate are secured by respondents 4 to 10