Registrar cannot refuse sale deed registration due to civil court attachment; must note it and proceed.

JUDGMENT

The petitioner is the absolute owner of the property measuring 24.54 Ares in Resurvey No.119/4-1 of Erattupetta Village, Kottayam, by virtue of Ext.P1 Gift Deed, Ext.P2 Partition Deed and Ext.P3 Sale Deed. Since the petitioner faced some financial difficulties, he decided to sell the property to one Latheef A.K. and executed Ext.P4 agreement for sale. Later, when the sale deed was presented for registration, the 2^nd respondent refused to register it, stating that an endorsement with regard to the order of the Munsiff Court, Erattupetta, is recorded against the property. It is in such circumstances that the petitioner has approached this Court seeking the following reliefs:

“i. Issue a writ of mandamus or other appropriate writ directing the 2^nd respondent to register the sale deed if it complies with other legal requirements, under the Registration Act, 1908 .

ii. Issue a writ of mandamus or other appropriate writ directing the 3^rd respondent to mutate the property in the name of the purchaser after the registration of the document.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 3.

3. The learned counsel for the petitioner submitted that, in the light of the Full Bench Judgment of this Court in Fathima v. Canara Bank [ 2025 (3) KLT 367 ], the 2^nd respondent cannot refuse to register the sale deed, even if there is an attachment existing from the civil court.

4. The learned Government Pleader, on instructions, submitted that the respondents have no objection in registering the sale deed, along with the attachment, in the light of the Full Bench decision as referred above.

5. In the light of the submissions made at the bar and considering the facts and circumstances of this case, there shall be a direction to the 2^nd respondent to register the sale deed executed by the petitioner in favour of Latheef A.K., by noting the existing attachment over the property from the civil court, within a period of one month from the date of presentation of the document. The petitioner is also directed to present the document for sale within a period of one month from the date of receipt of a copy of this judgment.