IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 1138 of 2010(N) -------------------------------------- PETITIONER(S): ------------------------- 1. A.V.BALAGOPAL SURABHI,KOLATHOOR PO,MALAPPURAM DISTRICT. 2. SAROJINI AMMA A.V., DEVAKI SADANAM, OTHUKKUNGAL PO., KOTTAKKAL, MALAPPURAM DISTRICT. 3. RAJALESHMI A.V., AJAY NIVAS, EDAYOOR P.O. (VIA) VALACHERY,MALAPPURAM DISTRICT. 4. A.V.PADMAVATHI, AMRITHMA,VALANCHERY PO., MALAPPURAM DISTRICT. 5. A.V.NALINI AMMA, AISWARYA, OTHUKKUNGAL PO., KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB REGISTRAR, KOTTAKKAL SUB REGISTRY OFFICE, KOTTAKKAL ,MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1138 OF 2010 --------------------------------------- Dated this the 25th day of January, 2010. J U D G M E N T The petitioners are aggrieved by the objection taken by the 2nd respondent for not registering a sale deed in respect of 8/18th right over the four items of property having a total extent of 8 Acres and 70 Cents situated in Othukkungal village. They have executed a sale deed jointly in favour of Sri.Kunju Ahammed and a true copy of the sale deed has been produced as Exhibit P1. 2. The objection taken by the 2nd respondent is on the ground that there is an order of attachment issued by the Sub Court, Manjeri in I.A.No.1400/2009 in O.S.No.158/2009 with respect to 1/3rd right of the property described as item No.4 of Exhibit P1 sale deed against another sharer by name Rugmini Amma. Exhibit P3 is the copy of the order passed by the Sub Court in the above I.A. The said suit is filed by one Moideenkutty as plaintiff against Rugmini Amma. In I.A.No.1400/2009, the direction is for interim attachment of the property under Order 38 W.P.(C) No.1138/2010 2 Rule 5 of the Code of Civil Procedure. The Sub Court, after hearing the parties, passed Exhibit P3 order wherein the operative portion reads as follows: “In the result, the petition is allowed and the interim order of attachment with regard to the share of the respondent in respect of the petition schedule property is made absolute. The respondent shall offer security for a sum of Rs.35 lakhs failing which the attachment ordered shall continue till the disposal of the suit”. 3. Learned Government Pleader on instructions submitted that the 2nd respondent is of the view that the order passed in the I.A. prohibits any transfer of the property in Survey No.190 of Puthur amsom and Cherukunnu desom. 4. A reading of Exhibit P3 shows that the parties therein are Moideenkutty and Rugmini Amma who are arrayed as plaintiff and defendant respectively. The petitioners are not arrayed as parties in the said original suit. Apart from the same, the order of attachment Exhibit P3 shows that the attachment is only with regard to the share of the respondent Rugmini Amma in respect of the petition schedule property in the said suit. Therefore, it W.P.(C) No.1138/2010 3 cannot affect the rights of the petitioners to transfer their right namely, 8/18th right in respect of the property having a total extent of 8.70 cents. Therefore, there will be a direction to the 2nd respondent to register the sale deed with respect to the right of the petitioners over the property mentioned in Exhibit P1, if there is no other order from the Civil court apart from Exhibit P3 namely, order in I.A.No.1400/2009 in O.S.No.158/2009 of Sub Court, Manjeri. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp