Petitioners have approached this Court on account of refusal to effect mutation pursuant to purchase of the property in an auction sale as per Ext.P4. It seems that certain attachments have been effected over the property by respondent Nos.7 to 12. According to the petitioners, the Bank invoking powers under the SARFAESI Act sold the property to them. Therefore, they are entitled to transfer of registry.
2. The transfer of registry is for fiscal purpose. Any right available to any creditor under the law will not be affected by transfer of registry. Therefore, there shall be a direction to the third respondent to effect transfer of registry pursuant to Ext.P4 sale certificate in favour of the petitioners within a period of three weeks from the date of receipt of a copy of this judgment. This order will be subject to any decision of the competent civil court. It is submitted by the petitioners that they are prepared to move the Munsiff's Court, Thrissur to lift attachment already effected based on the applications filed by the respondent Nos.7 to 12. If the petitioners move such an application before the Munsiff's Court W.P(C).No.23435 of 2014 D 2 Thrissur, that shall be considered within a period of two months in the light of the judgment of this Court in Madhan S. Vs. Sub Registrar, Kollam and Ors. (2014(1) KHC 249).
Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/14/10/14