IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32473 of 2008(N)
1. P.SASIDHARAN NAIR , AGED 54
... Petitioner
Vs
1. RREGISTRAR, SUB REGISTRAR OFFICE
... Respondent
2. O.P.KUNJAPPAN AGED 63
For Petitioner :SRI.C.P.UDAYABHANU
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :09/12/2008
O R D E R
V.GIRI, J.
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W.P(C) No.32473 of 2008-N
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Dated this the 9th day of December, 2008.
J U D G M E N T
The dispute between the petitioner and the 2nd
respondent, arising from a money claim enforced by the 2nd
respondent against the petitioner, which also involved an
order of attachment passed by the Sub Court, Ernakulam, was
ultimately resolved by the parties. Petitioner then sold the
property to a stranger as early as in the year 1995. He is now
aggrieved that the endorsement made in the registration
office, regarding the Court attachment continues to remain so.
This writ petition has been filed seeking a direction to the Sub
Registrar to expunge the entries contained in the records
maintained in the Sub Registrar’s office.
2. Learned counsel for the 2nd respondent submits that
the 2nd respondent has no objection and he has no subsisting
claim against the petitioner. An affidavit has been filed by the
2nd respondent. Learned Government Pleader submits that the
Sub Registrar has no authority to expunge or exclude any
entires in the records. The original entry was made pursuant
W.P(C) No.32473 of 2008-N : 2 :
to the order issued by the Civil Court. If the attachment has
been released that shall also be noted, in terms of Section 89
(5)(b) of the Registration Act.
3. Accordingly, the writ petition is disposed of
permitting the petitioner to move the Sub Court, Ernakulam/
Sub Court, Muvattupuzha or get certified copies of the
proceedings of the Sub Court, evidencing the fact that the
dispute between the petitioner and the second respondent has
been resolved and on production of the same before the first
respondent, necessary endorsement in tune therewith shall be
made without any delay.
ab V.GIRI, JUDGE
