IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 32473 of 2008(N) -------------------------- PETITIONER: --------------- P.SASIDHARAN NAIR , AGED 54 S/O.DHAMODHARAN PILLAI, KALABHAVAN, THADIYOOR PO THIRUVALLA. BY ADV. SRI.C.P.UDAYABHANU SMT.PREETHI K.PURUSHOTHAMAN RESPONDENTS: --------------- 1. RREGISTRAR, SUB REGISTRAR OFFICE VELLAMUNDA, WAYANAD DISTRICT. 2. O.P.KUNJAPPAN AGED 63 S/O. PAILY, ORAVALIKKUDY HOUSE NELLIKKUZHI, KOTHAMANGALAM. BY GOVERNMENT PLEADER SMT.SUDHA DEVIKULAM SC – SHRI.MOHAN JACOB GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------------------- W.P(C) No.32473 of 2008-N -------------------------------------------------------- Dated this the 9th day of December, 2008. J U D G M E N T The dispute between the petitioner and the 2nd respondent, arising from a money claim enforced by the 2nd respondent against the petitioner, which also involved an order of attachment passed by the Sub Court, Ernakulam, was ultimately resolved by the parties. Petitioner then sold the property to a stranger as early as in the year 1995. He is now aggrieved that the endorsement made in the registration office, regarding the Court attachment continues to remain so. This writ petition has been filed seeking a direction to the Sub Registrar to expunge the entries contained in the records maintained in the Sub Registrar's office. 2. Learned counsel for the 2nd respondent submits that the 2nd respondent has no objection and he has no subsisting claim against the petitioner. An affidavit has been filed by the 2nd respondent. Learned Government Pleader submits that the Sub Registrar has no authority to expunge or exclude any entires in the records. The original entry was made pursuant W.P(C) No.32473 of 2008-N : 2 : to the order issued by the Civil Court. If the attachment has been released that shall also be noted, in terms of Section 89 (5)(b) of the Registration Act. 3. Accordingly, the writ petition is disposed of permitting the petitioner to move the Sub Court, Ernakulam/ Sub Court, Muvattupuzha or get certified copies of the proceedings of the Sub Court, evidencing the fact that the dispute between the petitioner and the second respondent has been resolved and on production of the same before the first respondent, necessary endorsement in tune therewith shall be made without any delay. ab V.GIRI, JUDGE