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2021 Supreme(Online)(KER) 2015

LINTO PETERSON – Appellant
Versus
THE SUB REGISTRAR – Respondent


Advocates:
['JAYKAR K S', '', 'G BALU', 'M RAMYA RAMACHANDRAN', 'K G JAYAPRAKASH NARAYANAN', 'TOM K THOMAS']

J U D G M E N T

The petitioner says that he is an auction purchaser of the property covered in this writ petition, in a sale conducted by the 3rd respondent - State Bank of India (hereinafter referred to as the Bank for short) and alleges that when he, however, presented the Sale Certificate before respondent No.1, it has been refused to be registered and his request for Transfer of Registry declined saying that there is an attachment over the property effected under the orders of a competent Civil Court.

2. The petitioner asserts that, as is evident from the Encumbrance Certificate produced on record, the attachment in question was effected only on 20.10.2016; while the equitable mortgage over the property made in favour of the Bank, by its original owner, on 22.03.2016. The petitioner, therefore, says that, as has been declared by this Court in several judgments including Exts.P6, P7 and P8, the Registrar cannot refuse to register the document; and consequently, prays that said Authority be directed to do so, within a time frame to be fixed by this Court.

3. I have heard Sri.Jacob K.S, learned counsel for the petitioner; Sri.Tom K. Thomas, learned Standing Counsel for the Bank and

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