IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1360 of 2009()
1. VIMAL.S
... Petitioner
Vs
1. GIRISH AND OTHERS
... Respondent
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :06/07/2009
O R D E R
S.R. Bannurmath, C.J. & Kurian Joseph, J.
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W.A.No. 1360 OF 2009,
W.(P)No. 13360 OF 2009
AND
CONT. CASE (CIVIL) No.462 OF 2009
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Dated this, the 6th day of July, 2009
JUDGMENT
Kurian Joseph, J.
The petitioner in WP(C) No.13360 of 2009 is the
appellant in WA No.1360 of 2009. The said writ appeal was
filed after obtaining leave from this Court, since he was not a
party to the writ petition, WP(C) No.8809 of 2009, filed by
one Sri.Girish, who is the 1st respondent in the writ appeal.
That writ petition was filed by the petitioner praying for a
direction to the Sub Registrar to register Ext.P2 sales
certificate therein issued by the Assistant Registrar of
Co-operative Societies without making any entry in the
confirmation regarding existence of encumbrance or
attachment on the property purchased. On the settled
principle of law in the matter of registration of sales
certificate, the writ petition was disposed of directing
WA No.1360/09,WPC:13360/09
and COC : 462 OF 2009
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registration of Ext.P2 sales certificate. The learned Single Judge
also made it clear that any attachment shall not be a reason to
deny registration. The present writ petitioner, Sri.Vimal, had
entered into an agreement with respondents 9 to 11 on 29.05.08
for purchasing 32.5 cents of property. The said property had
already been mortgaged to the 5th respondent Co-operative Bank.
In view of the default committed by respondents 9 to 11, the
property was proceeded against and the same was sold in auction
which was purchased by Sri.Girish. According to the petitioner, it
is a collusive step since the property is worth much more and it
has been sold for a throw away price of Rs.5,27,500/-.
2. On the ground of a mere agreement by the petitioner,
Sri.Vimal, with respondents 9 to 11, there is no justification in
preventing the registration of the sales certificate and hence we
do not find any merit in the writ appeal. However, it is to be
made clear that registration by itself will not prejudice the rights,
if any, of the petitioner in appropriate proceedings including OS
No.1630 of 2008 instituted against respondents 9 to 11. Subject
WA No.1360/09,WPC:13360/09
and COC : 462 OF 2009
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to the above observation, the writ appeal and writ petition are
dismissed.
In the Contempt Case, the learned Government Pleader
points out that only in view of the directions issued by this Court
in the judgment in WP(C) No.8809 of 2009, the registration was
made. We do not hence find any contumacious conduct on the
part of the respondent. Hence the Contempt case is closed.
S.R. Bannurmath,
Chief Justice.
Kurian Joseph,
Judge.
ttb
WA No.1360/09,WPC:13360/09
and COC : 462 OF 2009
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