The petitioner is a Bank. Petitioner Bank

invoking the provisions under the SARFEASI Act,

sold the secured asset belongs to respondents 3

and 4 in public auction. The 5^th respondent is

the auction purchaser. On account of the

attachment created over the land by order of the

Munsiff's court, petitioner is unable to register

the sale certificate.

2.

In the absence of any challenge to the

sale merely citing the attachments the official

respondents cannot deny the petitioner to

register the sale certificate. Though, notice

has been served on respondents 3 and 4, none

appeared for them. This Court in several

judgments held that such attachment has to be

effaced from the records, as it cannot supersede

the superior rights available to the secured

..4..

mortgagor.

3.

In the light of above, the first

respondent is directed to register the sale

certificate forthwith. Consequent upon the

registration of such sale certificate, the

Revenue Authority shall effect mutation in favour

of the purchaser from the petitioner. Needles

to say, all encumbrance shall be effaced from the

register of the Sub Registrar.

The Writ Petition is disposed as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR/24.07.2019

..5..

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE THANDAPER REGISTER

ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2

TRUE COPY OF THE ENCUMBRANCE

CERTIFICATE OBTAINED FROM THE 1ST

RESPONDENT.