IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 21363 of 2009(M) ------------------------------------------ PETITIONER(S): ------------------------- SETHUNATH, S/O.VALSALA, THONAKOT HOUSE, MUDAPPALLUR PO., ALATHUR TALUK, PALAKKAD DISTRICT. BY ADVS. MR.HARISH R. MENON, MR.K.T.SHYAMKUMAR. RESPONDENT(S): --------------------------- THE SUB REGISTRAR, SUB REGISTRAR OFFICE, NENMARA, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.21363 of 2009 -------------------------- Dated this the 13th August,2009 J U D G M E N T Petitioner claims to be the owner in possession of 79 cents of land in R.S No.361 of Mundappallur Amsom Desom, having purchased the same under Sale Deed No.389/1/2009 in Nenmara Sub Registrar Office. Property originally belonged to one Sankaran Nair from whom the petitioner, his mother and sister purchased the same as per registered sale deed No.328/1991. Thereafter, the petitioner's mother had transferred her share of the property in favour of the petitioner as per Document No.3690/2008 and subsequently as per Document No.389/1/2009, the mother of the petitioner acting as Power of Attorney holder of her sister had transferred her share of the property also in favour of the petitioner. 2. Petitioner's sister had, in the meanwhile instituted a suit O.S. No.237/2008 on the file of the Munsiff's Court, Alathur for partition. An order of injunction was passed restraining alienation of the property and committing waste in the property. This W.P ( C) No.21363 of 2009 2 order of injunction was treated as an encumbrance and so recorded in the revenue records maintained, relating to the property in question. O.S 237/2008 was later dismissed as not pressed as per Ext.P2. But in spite of Ext.P2, having been brought to the notice of the respondent, the fact that order of attachment has been lifted has not been correctly known in the encumbrance certificate. Hence the writ petition. 3. Heard learned Government Pleader also. 4. Dismissal of the suit in O.S 237/2008 has been noted in Ext.P1. But what is to be correctly noted is lifting of the attachment. The fact that there was an earlier attachment as per order in I.A No.1148/2008 in O.S 237/2008 on the files of the Munsiff's Court, Alathur and the same was lifted is reflected from Entry 6 in the same encumbrance certificate. 5. Respondents shall, therefore, on production of a copy of this judgment,if necessary, after notice to the complainant in O.S No.237/2008, Ext.P2, incorporate the necessary endorsement regarding the lifting of the W.P ( C) No.21363 of 2009 3 attachment originally effected on the property after being satisfied that such attachment is not in existence and issue a fresh encumbrance certificate in this regard. The entire process shall be completed within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.21363 of 2009 4 W.P ( C) No.21363 of 2009 5 W.P ( C) No.21363 of 2009 6 W.P ( C) No.21363 of 2009 7