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2025 Supreme(Online)(Ker) 58105

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MRS.MARY SHEEBA C.A. – Appellant
Versus
THE SUB REGISTRAR – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SUNIL SHANKER, SMT.VIDYA GANGADHARAN, SHRI.THOMAS GLAISON
For the Respondents: SRI. K. M. FAISAL, GP

JUDGMENT

(Dated this the 18th day of December, 2025)

The petitioner is the auction purchaser in a sale conducted by the 2nd respondent. Pursuant to the payment of the bid amount, the 2nd respondent issued a Sale Certificate dated 22.10.2025 in favour of the petitioner. Subsequently, the 2nd respondent requested the 1st respondent to file the details of the Sale Certificate in Book No. 1, maintained by the Sub-Registrar's Office, in accordance with Section 89 (4) of the Registration Act , 1908, without insisting upon the payment of stamp duty. Despite the request, the 1st respondent has failed to act on the request and informed that the request to enter the sale certificate in book No.1 cannot be allowed. Being aggrieved by the act of the 3rd respondent, the petitioner-

Bank approached this Court seeking the following reliefs:

i) Declare that Exhibit.P1 Sale Certificate issued by the 2nd Respondent in favour of the Petitioner is liable to be filed/entered in Book No.1 as contemplated under Section 89 (4) of the Registration Act 1908 without payment of any stamp duty;

ii) Issue a Writ of Mandamus or other appropriate writ, order or direction, directing the 1st Respondent to file/enter

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