The court reaffirms the right to promptly remove erroneous property attachments upon the lifting of such attachments.

JUDGMENT

(Dated this the 8^th day of January 2026)

Petitioners are the absolute owners and in possession of

10.12 Ares, 7.90 Ares, 12.26 Ares and 12 Ares of land comprised in R.sy.No. 421 of Vattappara village, Nedumangad Taluk, Thiruvananthapuram district. A suit as O.S. No.35 of 2016 was filed by one Udayakumar against one P.C.John for recovery of ₹50 lakhs on the basis of an agreement of sale. In the plaint, two sets of properties were scheduled. The property belonging to the defendant and his son was described as A schedule, and the property belonging to the petitioners was described as B schedule. The petitioners were not parties to the suit.

2. The plaintiff in the suit filed I.A. No.870 of 2016 seeking attachment before judgment, and the Sub court, Neyyattinkara, by order dated 7.9.2016, allowed conditional attachment of plaint A schedule property, as evidenced by Ext.P2. The first respondent acting on the attachment order, entered the properties of the petitioners in Book No.1 and the indexes maintained under the Registration Act without noting that there is no attachment in respect of plaint B schedule. However, subsequently, O.S.No.35 of 2016 was settled between the parties and the suit was closed.

3. An application as I.A. No.3 of 2023 was filed by the defendant to release the order of attachment, and the Sub Court, Neyyattinkara in the said I.A. by order dated 4.2.2023, lifted the attachment and communicated to the Sub Registrar Office, Karakulam on 7.2.2023. Therefore, as of now, the attachment passed by the Sub Court in O.S. No.35 of 2016 in respect of plaint A schedule property stands vacated.

However, the 1^st respondent still refuses to remove the attachment only in respect of the petitioners’ property. Therefore, the petitioners have approached this Court with the following reliefs:

“i. Issue a Writ of Mandamus or any other appropriate writ, order, or direction commanding the 1 Respondent to efface/remove the entry of attachment regarding the Petitioners' property arising out of O.S. No. 35 of 2016 of Sub Court, Neyyattinkara, from the records of the Sub Registrar's Office, Neyyattinkara, and issue a fresh Encumbrance Certificate free of such encumbrance.

ii. Declare that the property of the petitioners' of

10.12 Ares, 7.90 Ares, 12.26 Ares and 12 Ares comprised in Re. Sy. No. 421(Old Sy.No. 3139/ 2 and 3140/1) of Vattapara Village, Nedumangad Taluk, Thiruvananthapuram District is not subject to any attachment pursuant to the orders in O.S. No. 35 of

2016 of Sub Court, Neyyattinkara.

iii. Grant such other reliefs as this Honourable Court deems fit and proper in the facts and circumstances of the case.”

4. O.S.No.35 of 2016 stands disposed of on the basis of the settlement and by Ext.P6. The attachment order was lifted and was already communicated to the 1^st respondent by Ext.P6. Therefore, the 1^st respondent is bound to remove the entry of attachment from the books kept under the Registration Act for the said purpose in respect of the property which is the subject matter of the suit. Therefore, this Writ Petition is disposed of directing the 1^st respondent to remove the entry of attachment in respect of the property of the petitioners which finds a place in the Register within a period of one month from the date of receipt of a copy of this judgment.

Sd/-