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P.Sasidharan Nair vs Rregistrar on 9 December, 2008

Kerala High Court
P.Sasidharan Nair vs Rregistrar on 9 December, 2008
       

  

  

 
 
  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.
          -------------------------------------------------------
                  W.P(C) No.32473 of 2008-N
         --------------------------------------------------------
        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

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