O R D E R

This Writ Petition has been filed seeking direction to the 2nd respondent to remove the entry made in the encumbrance of House Property (Door No.4/175A), in Old Survey No.1117C, 1117D, Resurvey No.770/11, purchased by the petitioner, through auction purchase.

2. It is the case of the petitioner that original owner of the property in S.No. 1117C, 1117D, Resurvey No.770/11 has availed a loan from the bank and mortgaged the property on 20.03.2013. Thereafter, on 20.03.2015 he has also extended mortgage for other two properties, which were not originally mortgaged. As he defaulted, the proceedings under SARFASSI Act has been initiated, which culminated into issuance of the Sale Certificate in favor of the petitioner on 22.04.2021. During the pendency of the above proceedings, the unsecured creditor has filed a suit for recovery of money on the basis of some negotiable instrument in O.S.No.16 of 2018, on the file of Additional District Court, Tenkasi, much after the mortgage. In the above pendency of suit an application has been filed in I.A.No.12 of 2018, wherein, order of attachment before judgment has been passed. The same has been reflected in the Encumbrance Certificate of