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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
Urban Co-operative Bank Limited – Appellant
Versus
Sub Registrar – Respondent
| Table of Content |
|---|
| 1. factual background regarding property auction and registration impediments due to subsequent attachments. (Para 1 , 2 , 3 , 4 , 5) |
| 2. prioritization of secured creditor rights over subsequent revenue attachments and procedural limitations regarding civil court orders. (Para 6 , 7) |
JUDGMENT
Dated this the 20th day of May, 2026 The petitioner is a Co-operative Bank and it has sanctioned a cash credit facility of Rs.2 Crores to the 5th respondent from its Perinthalmanna main branch, on the basis of an equitable mortgage created by him in favour of the bank over three items of immovable properties. When the loan account became irregular, the bank initiated proceedings under the SARFAESI Act and sold one item of property having an extent of 15.75 cents in Survey No.91/7 in Perinthalmanna Village to the 6th respondent. Thereafter, the bank issued Ext.P3 sale certificate in favour of the 6th respondent on its payment of the entire bid amount. Subsequently, when Ext.P3 sale certificate was presented for registration before the 1st respondent after remitting the requisite stamp duty and registration fees, he refused to register the document on the ground that there are two
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