The court mandated registration of a sale certificate under specific legal provisions following auction proceedings.

JUDGMENT

(Dated this the 23^rd day of February, 2026)

The writ petition is filed challenging the refusal of the 1st Respondent to register the sale certificate issued by the 2nd Respondent in favour of the 1^st Petitioner. The 1^st Petitioner is the auction purchaser of a total extent of 19.50 Ares comprised of 8.10 Ares in Re. Sy. No.197 / 1, 8.10 Ares in Re. Sy. No197/1/2, 3.30 Ares in Re. Sy. No.197/1/1, Block No.14, Azhoor Village, Chirayankil Taluk, Thiruvananthapuram District with building therein, in execution proceedings in DRC No.1/2018 in OA. No.281 of 2016 and DRC No.51/2018 in OA No.291/2016, by the 1^st Respondent- Recovery Officer, Debts Recovery Tribunal-2, Ernakulam.

2. The 2^nd Petitioner is a Nationalized Bank, represented herein by its Manager. The 2^nd Petitioner is the certi Bank (CHB) in DRC No.1 of 2018 issued in OA No.281 of 2016 and DRC No.51 of 2018 in OA. No.291 of 2016, on the file of the 1st Respondent - Recovery Officer, Debts Recovery Tribunal – 2, Ernakulam.

3. In furtherance of the recovery proceedings, the mortgaged property / Debts Recovery Certificate (DRC) having a total extent of 19.50 Ares comprised of 8.10 Ares in Re. Sy. No.197 / 1, 8.10 Ares in Re. Sy. No197/1/2, 3.30 Ares in Re. Sy. No.197/1/1, Block No.14, Azhoor Village, Chirayankil Taluk, Thiruvananthapuram District with building therein was brought to sale by the 2^nd Respondent on 24.10.2025. It is submitted that the 1^st Petitioner was the successful bidder for an amount of Rs.50.50 Lakhs. Upon payment of the entire auction amount, the 1^st Petitioner was directed to produce stamp paper for 8% of the sale price (Rs.50.50 Lakhs) amounting to Rs.4.04 Lakhs. The 1^st Petitioner produced stamp paper with E-stamp serial No.ES00049076104691148E for Rs.4.04 Lakhs. The 2^nd Respondent issued Ext.P1 sale certificate dated 30.12.2025.

4. The sale certificate was handed over to the 1st Petitioner by the 2^nd Respondent. The 2^nd Respondent by Ext.P2 letter dated 30.12.2025, informed the 1^st Respondent of the issuance of the sale certificate, and also requested the 1st Respondent to file the same in Book No.1, as stipulated under Section 89 (4) of the Indian Registration Act, 1908 . The 2^nd Respondent informed the 1^st Respondent that the Recovery Officer is exempted from personal appearance under Section 88 (1), and further that the sale certificate is entrusted to the auction purchaser for being presented in case he intends to register the sale certificate.

5. It is submitted that the 1^st Petitioner submitted the said sale certificate for registration before the 1st Respondent on 8.1.2026, after making payment of registration fee of Rs.1,01,000.00/- under Token No.T964016701.

6. The 1^st Respondent refused to register the sale certificate on the ground that there is an order of attachment dated 10.10.2023 in I.A No.1 of 2023 in O.S. No.1047 of 2023 of the 1st Additional Munsiff Court, Neyyattinkara in respect of the extent of 3.30 Ares in Re.Sy.No.197/1/1. The 1^st Respondent also stated that passport size photograph and thumb impression of the Vendor, Purchaser or Presenter is required under Section 32A of the Indian Registration Act, 1908 .

7. The 1^st Petitioner is separately moving the appropriate application O.S. No.1047 of 2023 of the 1^st Additional Munsi Court, Neyyattinkara for vacating the order of attachment. 8. Aggrieved by the action of the 1^st respondent in not registering Ext.P1 and consequential transfer of registry in the name of the petitioner by the respondents 1 and 2, this writ petition is filed.

9. The issue is covered by the judgment of the Full Bench of this Court reported in Fathima v. Canara Bank (2025 (3) KLT 367). Hence, It will be open for the petitioner to take such steps as directed in the above judgment.

10. There will be a direction to the 1st respondent to register the s