IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 35555 of 2009(L) --------------------------------------- PETITIONER(S): ----------------------- K.P.VENUGOPAL, AGED 56 YEARS, S/O.PARAMESWARA KURUP, B2, ABHILASH APARTMENTS, SOUTH JANATHA ROAD, PALARIVATTOM, KOCHI-682025. BY MR.M.M.ABDUL AZIZ, SENIOR ADVOCATE BY ADV. MR.M.A.ABDUL HAKHIM RESPONDENT(S): ------------------------ 1. STATE BANK OF TRAVANCORE, ASSET RECOVERY MANAGEMENT BRANCH, SBT BHAVAN, PANAMPILLY NAGAR, ERNAKULAM REPRESENTED BY ITS ASSISTANT GENERAL MANAGER. 2. SUB REGISTRAR, SUB REGISTRAR'S OFFICE, PERUMBAVOOR. * 3. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS DEPUTY TAHSILDAR, (RR) ERNAKULAM. * CORRECTED AS ''KERALA FINANCIAL CORPORATION REP.BY ITS BRANCH MANAGER, PERUMBAVOOR. AS PER ORDER DTD. 11.12.09 IN IA. 15626/2009. 4. MOOLAN FOOD PRODUCTS PVT. LTD., MUNDANGAMATTOM, NEELESWARAM P.O., KALADY. 5. ESTHAPAN, S/O.OUSEPH, MOOLAN HOUSE, KOODALAPPAD, VIA.KALADY. R1 BY ADV. MR.SATHISH NINAN R2 BY GOVT. PLEADER MR.BIJOY CHANDRAN R3 BY MR.M.M.SAYED MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 35555 of 2009 -E ------------------------------ Dated this the 20th day of January, 2010. J U D G M E N T The case of the petitioner is that the petitioner is the successful bidder of the property in question, in the public auction conducted at the instance of the respondent bank, for realisation of the amount from the defaulter/fourth respondent, who had created security interest over the same. The specific contention raised by the petitioner is that once the property was sold in public auction and the petitioner has satisfied the entire sale consideration as prescribed, the petitioner is entitled to have the title, ownership, possession and enjoyment to the exclusion of all others. 2. The learned counsel for the petitioner with reference to the undisputed facts and figures and reference to the submission from the part of the Kerala Financial Corporation submits that the grievance projected by the petitioner is only with regard to the refusal of further steps to be pursued by the second respondent to register the sale deed, referring to some attachment over the W.P(C) No. 35555 of 2009 -E : 2 : property in question, effected at the instance of the third respondent. It is also brought to the notice of this Court that the attachment is much subsequent to the original cause of action that created equitable mortgage in favour of the first respondent bank, which was in the year 1998 and hence that there was no question of any priority for the second transaction. 3. In the above facts and circumstances, the second respondent is directed to register the sale deed executed by the first respondent in favour of the petitioner with respect to 8.29 ares of land in Survey No.270/8/2 of Koovappady Village described as C schedule in Ext.P1 as and when the same is presented by the petitioner. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab