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2021 Supreme(Online)(KER) 13083

HIGH COURT OF KERALA
PREMAKUMAR DAMODARAN PILLAI – Appellant
Versus
THE SUB REGISTRAR – Respondent


JUDGMENT

The petitioner, who is the owner in possession of property having an extent of 3.08 Ares comprised in Sy.No.2762/7/5/2 of Kavadiar Village, together with building bearing TC No.3/678 obtained by way of Ext.P1 sale certificate bearing No.642/2020 of the Sub Registrar Office, Pattom, dated 05.03.2020, issued under sub-rule (6) of Rule 9 of the Securities Interest (Enforcement) Rules, 2002 executed by M/s.Indiabulls Housing Finance Limited, represented by its Authorised Officer, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Sub Registrar, Pattom to efface/delete all the attachment orders reflected in Ext.P3 encumbrance certificate dated 02.11.2020 on the property covered under Ext.P1 sale certificate.

2. On 14.12.2020, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

3. A statement has been filed by the 1st respondent Sub Registrar, opposing the reliefs sought for in this writ petition. In the statement, the 1st respondent has placed reliance on the judgment of a learned Single Judge of this Court in Kuriachan Chacko v. State of

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