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TMI Blog2015 (7) TMI 1384X X X X Extracts X X X X X X X X Extracts X X X X ..... he property - attachments were subsequent to the date of mortgage - HELD THAT:- The case put forward by the petitioner squarely falls within the law laid down by the learned Single Judge of this Court in Madhan v. Sub Registrar [ 2014 (1) TMI 1905 - KERALA HIGH COURT] where it was held that The preponderance of judicial opinion leads to the irresistible conclusion that the sale of the mortgaged property in favour of the petitioner under Ext.P5 sale certificate under the Act is free of all encumbrances. The attachments effected subsequent to the mortgage created in favour of the bank do not affect the title and ownership of the petitioner over the subject property. Such attachments have no impact on the sale conducted under the Act and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n auction sale conducted under the SARFAESI Act. The reason for not effecting mutation was on account of the attachments that have been effected by the Munsiff Court, Thrissur in separate suits. Petitioners also obtained encumbrance certificate which reflected the attachment orders issued by the Munsiff Court. 2. The main contention urged by the petitioners was that the attachments were subsequent to 08/07/2008, the date of mortgage and hence the attachment will not invalidate the right and title of the petitioners in the property and accordingly the petitioners sought for the following reliefs: a) Call for the records leading upto Ext.P5 and issue a writ of Certiorari or any other appropriate Writ Order or Direction quashing Ext.P5 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was observed that the said direction is subject to any decision of the competent Civil Court. It is further observed that the petitioners shall move the Munsiff Court for lifting the attachment. 4. Learned counsel for the appellants, impugning the aforesaid judgment, submits that in the light of the judgment of this Court in Madhan v. Sub Registrar [2014(1) KLT 406], learned Single Judge ought to have issued a declaration in regard to the right of the petitioners and also should have directed the Sub Registrar and Village Officer to efface the attachments effected subsequent to the mortgage from the relevant records. 5. The learned Government Pleader, on instructions, would submits that all the attachments effected by the Munsiff Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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