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2025 Supreme(Online)(Ker) 58969

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MR. ARUN SRINIVAS – 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)

This writ petition is filed seeking a direction to the 1st respondent to enter Ext.P1 sale certificate, issued by the 2nd respondent under the SARFAESI Act , 2002, in Book No.1, under Sec.89 (4) of the Registration Act , 1908, without insisting on stamp duty.

2. The petitioner is an auction purchaser in a sale conducted by the 2nd respondent Bank. Pursuant to the payment of the bid amount, the 2nd respondent issued a sale certificate dated 16.07.2025 in favour of the petitioner. Thereafter, vide a letter dated 23.07.2025, the 2nd respondent requested the 1st respondent to file the details of the sale certificate in Book No. 1 maintained by the Sub-Registrar Office, in terms of Section 89 (4) of the Registration Act , 1908, without demanding stamp duty. However, the 1st respondent vide Ext.P3 letter dated 11.11.2025, declined the request to enter the sale certificate in Book No.1. Aggrieved by this refusal, the petitioner has approached this Court seeking the following reliefs:

i) Call for the records leading to Exhibit P3 and set aside the same by the issuance of an appropriate writ, direction or order;

ii) Declare that Exhibit.P1

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