2015 (7) TMI 1384

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....BLE MR.JUSTICE A.M.SHAFFIQUE FOR THE APPELLANT : ADV. SRI.RAJIT FOR THE RESPONDENT : GOVT. PLEADER SRI. P.I. DAVIS, SRI.GEORGE VARGHESE, SC, SRI.K.I.SAGEER, SRI.R.SREEHARI, SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.BENOJ C AUGUSTIN, BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN H. JUDGEMENT Shaffique, J This appeal is filed by the writ petitioner challenging the judgment dated 13/10/2014 in W.P.C.No.23435/2014 by which petitioners were directed to approach the Munsiff Court, Thrissur for vacating the order of attachment in respect of the property which the petitioner has purchased under the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 (hereinafter referre....

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....ubsequent to the mortgage created on 08/07/2008 in favour of the 4^th respondent bank do not affect the title and ownership of the petitioner over the subject property. d) Issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 to 3 to remove the entries in their registers relating to encumbrances over the subject property subsequent to the mortgage created on 08/07/2008 and to effect mutation of the property in favour of the petitioners as expeditiously as possible preferably within a period of maximum 2 months." 3. The learned Single Judge observed that any right available to any creditor under the law will not be affected by transfer of registry and therefore direction was issued to the Vil....

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....roperty in favour of the petitioner under Ext.P5 sale certificate under the Act is free of all encumbrances. The attachments effected subsequent to the mortgage created in favour of the bank do not affect the title and ownership of the petitioner over the subject property. Such attachments have no impact on the sale conducted under the Act and the same ceases to have any effect or fall to the ground the moment the sale is confirmed in favour of the petitioner. The declaration so sought by the petitioner is therefore granted and I further direct the Sub Registrar and the Village Officer to efface the attachments effected subsequent to the mortgage from the relevant records. Otherwise those attachments would remain as a permanent taboo pre....