IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 7766 of 2009(M) -------------------------------------- PETITIONER: ------------------- C.K.NISHAJ, S/O.C.K.MUHAMMED, C.K.NIVAS, P.O.NALLALAM, KOZHIKODE. BY ADV. MR.R.K.MURALEEDHARAN. RESPONDENT: ---------------------- THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, CHEVAYUR, KOZHIKODE. BY GOVT. PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7766/2009-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE CERTIFICATE IN APPENDIX V DTD. 15/03/2006. EXT.P.2: COPY OF THE EA 330/2008 IN I.A. NO. 3937/03 IN O.S. NO. 339/03. EXT.P.3: COPY OF THE COUNTER STATEMENT FILED BY THE AUTHORIZED OFFICER ON BEHALF OF CALICUT CO-OPERATIVE URBAN BANK LTD. EXT.P.4: COPY OF THE COUNTER STATEMENT FILED BY M/S. GERMAN MOTORS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. --------------------------- W.P.(C) No.7766 of 2009 ------------------------------------ Dated this the 20th day of March, 2009 JUDGMENT Petitioner claims to have purchased the property covered by Exhibit P1 sale certificate issued by the Authorized Officer of Calicut Co-operative Urban Bank Ltd under the SARFAESI Act. It is stated that when the document was presented for registration, the respondent declined to register the same on the ground that an order of attachment over the property in question is still in force. In view of the above, this writ petition has been filed. Evidently, when title is transferred by a Sale certificate the document is liable to be registered and the order of attachment is no reason to decline to register the document. This is all the more so far the reason that the Registration cannot cause prejudice to the attachment if any in force. Therefore, the writ petition is disposed of directing that on the presentation of document conveying the title of the property covered by Exhibit P1, Sale certificate, the same shall be registered by the respondent without any further delay. ANTONY DOMINIC, JUDGE scm