This writ petition is filed by an auction purchaser of the property from the Debts Recovery Tribunal.
2. Petitioner is aggrieved by the entries relating to the attachment made in the records maintained by the Sub Registrar based on the orders of the civil court. It is seen that several attachments have been effected over the property. All these attachments as seen from the records are after the mortgage. The mortgage is created in the year 1998. Therefore, any contractual obligation created under the mortgage will prevail over the attachment. The petitioner's case is that these entries have to be removed in view of the law declared by this court in Madhan v. Sub Registrar [2014 (1) KLT 406]. I am also in agreement with the proposition of law as propounded in Madhan's case. But if the court W.P.(C).No.32199/2014 -:2:- orders attachment, necessarily, that has to be lifted by the court which passed such order . What is reflected in the records are only ministerial acts done by the registering authority, showing the details of the attachments. Therefore, I am of the view that all the entries shall be removed consequent upon any order to be passed by the civil court.
3. Accordingly, the following directions are issued: i. The Munsiff's Court, Haripad , Sub Court, Mavelikkara, Sub Court, Kollam, Munsiff's Court, Pathanamthitta, Sub Court, Alleppey shall pass appropriate orders in this matter in the light of the judgment of this court in Madhan's case (supra) . The order as above shall be passed within four weeks from the date of moving such application by the petitioner.
ii. It is to be noted that in this case though notices were issued to the persons who obtained orders of attachment from the civil court, none of them appeared before this Court. Based on the orders passed by the civil court, necessary entries shall be effaced in accordance with that directions. The civil court shall also communicate the order, once order is lifted, to the Sub Registrar.
The Writ Petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE sks