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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. J. NISHA BANU, S.SRIMATHY, JJ
Tamilnad Mercantile Bank Limited – Appellant
Versus
The Sub-Registrar, Karunthanttangudi Registrar Office – Respondent
| Table of Content |
|---|
| 1. background of the petition seeking to delete attachments. (Para 1 , 2) |
| 2. legal arguments regarding priority debts and encumbrances. (Para 3) |
| 3. discussion on statutory provisions governing registrations. (Para 5) |
| 4. court's clarification on the powers of the sub registrar. (Para 7 , 8 , 9) |
| 5. conclusion directing the sub registrar to record priority through entries. (Para 10 , 11 , 12 , 13 , 14) |
ORDER
(Order of the Court was delivered by S.SRIMATHY, J.
The present writ petition is filed for Writ of Mandamus, to direct the 1st respondent, Sub Registrar, Karuthanttangudi, Thanjavur District, to efface/delete the encumbrance attachment entry, Doc.No.12 of 2022, registered on 27.09.2022 and to efface/delete the encumbrance attachment entry, Doc.No.15 of 2022, registered on 08.10.2022, as against the schedule mentioned property as per petitioner's representation, dated 06.12.2022.
2. The brief facts are that on 22.12.2015, the 2nd respondent availed credit facility for a sum of Rs.30,00,000/- from the petitioner bank and had executed loan documents on 23.12.2015 and registered mortgage by deposit of title deeds in Doc.No.3734 of 2015 in the office of Sub-Registrar, Karunthan
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