IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 9164 of 2009(M) ------------------------- PETITIONER(S): ------------------ SREEDEVI, AGED 80, W/O.LATE THERAMBIL GANGADHARAN, VENKIDANGU VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., DEPARTMENT OF REGISTRATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB REGISTRAR, AYYANTHOLE SUB REGISTRAR OFFICE, AYYANTHOLE P.O., THRISSUR. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 9164 OF 2009 (M) ===================== Dated this the 3rd day of April, 2009 J U D G M E N T The grievance of the petitioner is regarding the entry in Ext.P2 non encumbrance certificate regarding the orders passed by the Civil Court in OS 1528/2008 on the file of the Additional Munsiff Court, Trichur and CMA No.171/08 on the file of the District Court, Trichur. 2. The facts of the case, briefly stated, are that in the aforesaid suit, the Munsiff Court passed an order in the petitioner's favour, which was reversed by the District Court in CMA No.171/08 and an adverse order, was passed against the petitioner. It is seen that against the order in CMA, petitioner filed WP(C) No.3599/09 before this court and that writ petition was disposed of by Ext.P1 judgment setting aside the order passed by the District Court in the CMA referred to above. 3. Ext.P2 non encumbrance certificate shows that the orders passed by the Munsiff Court and the District Court have been entered in the non encumbrance certificate, but although the order passed in CMA has been vacated by Ext.P1, the same is WPC 9164/09 :2 : not seen recorded. The reason stated by the learned Government Pleader is that such continuance is in view of the provisions contained in Rule 171 of the Registration Rules. 4. As already stated, the order passed by the District Court in CMA 171/08 has been vacated as per Ext.P1 judgment of this Court. Therefore, I direct that it will be open to the petitioner to produce a certified copy of the judgment in WP(C) No.3599/09 before the 2nd respondent, in which event, acting upon the same, the 2nd respondent shall make necessary entries in the register and issue a fresh encumbrance certificate on that basis, if an application in that behalf is made by the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp