Petitioner purchased a property situated in resurvey Nos.113/2/3 and 113/4 of Eerath Village, Adoor Taluk pursuant to the proceedings initiated under the SARFAESI Act.
Petitioner's grievance is that encumbrance certificate would disclose that there is an attachment from Sub Court, Ernakulam in O.S.No.381 of 2004. It is further submitted that no attachment would prevail over the property. Petitioner requested the registering authorities to efface the attachment on record pursuant to the SARFAESI proceedings. Petitioner approached this Court seeking a direction to the authorities to remove the attachment shown in Ext.P2 encumbrance certificate.
2. Petitioner obtained the right over the property under the SARFAESI proceedings, that would efface all the liabilities created subsequently in respect of the property. However, fact remains that the encumbrance is based on an attachment from the Civil Court. Therefore, Civil Court has to lift the attachment.
In view of the matter, if petitioner approaches the Civil Court which passed the order of attachment with an application to lift the W.P(C).No.33319 of 2014 L 2 attachment, same shall be considered within a period of six weeks after hearing the petitioner and others. In view of the above, there shall be a direction to the Sub Court, Ernakulam to take up application submitted by the petitioner to lift attachment in O.S.No.381 of 2004 and dispose of the same within a period of six weeks from the date of receipt of a copy of this judgment. Based on the decision of Civil Court, registering authority shall effect necessary changes in the encumbrance certificate.
The Writ Petition is disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/12/12/14