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2022 Supreme(Online)(Ker) 63563

KERALA HIGH COURT
A.M. Shaffique, J
District Registrar (General) Ernakulam and Others v. Farzana Khatoon alias Farzana Parvez and Another


Advocates:
For the Appellants/Petitioners: Sri. Y. Jafar Khan
For the Respondents: Retheesh N.A

Table of Content
1. review petition filed against refusal of registration due to tax attachment. (Para 1 , 2 , 3)
2. court's procedural guidelines in handling writ petition. (Para 4 , 5)
3. legal arguments on precedence of tax liabilities over mortgage. (Para 6 , 8 , 9)
4. prioritization of secured creditors under sarfaesi act. (Para 10 , 11)
5. court concludes no reviews necessary based on established law. (Para 12)
6. dismissal of review petition with no order as to costs. (Para 13 , 14)

1. Respondents 1, 2 and 4 in W.P. (C) No. 530 of 2021 have filed this Review Petition to review the interim order dated 16.04.2021 passed by this Court in the writ petition. The writ petition was filed by the auction purchaser of a property against the refusal of the Sub Registrar, Ernakulam to register Ext.P8 sale certificate.

2. The property covered by Ext.P8 sale certificate was mortgaged by the prior owner with M/s ING Vysya Bank Ltd., who had availed a loan from the said bank. Later, on 12.12.2014, the said loan facility along with the mortgaged property was taken over by M/s IndusInd Bank Ltd. Thereafter, the IndusInd Bank Ltd. assigned the said secured asset to the 3rd respondent, an asset reconst



















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