High CourtsSingle Bench(2021) 01 KL CK 0014

Manoj Kumar K Pillai vs State Bank Of India And Ors

High Court Of Kerala · Decided on 4 January 2021

HON’BLE JUDGES
Anil K. Narendran, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 28799 Of 2020

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Judgment

6 paragraphs · 266 words
1.

The petitioner, who is a co-owner of 26.30 ares of property, made up of 10.52 ares in Sy.No.255/28A, 7.69 ares in Sy.No.255/28A-2 and 8.09 ares in Sy.No.255/28B of Thalayazham Village in Vaikom Taluk, covered by Ext.P1 sale deed bearing No.741/2013 dated 24.10.2013 of Sub Registrar Office, Thalayazham, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to register Ext.P4 sale deed dated 01.10.2020.

2.

On 22.12.2020, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

3.

Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent State Bank of India and also the learned Senior Government Pleader for the 2nd respondent.

4.

The learned Standing Counsel for the 1st respondent Bank would submit that since the decree in O.S.No.398 of 1992 on the file of the Sub Court, Kottayam has already been satisfied and E.P.No.15 of 2001 has already been closed on 21.10.2006, the Bank has no objection in Ext.P4 sale deed being registered by the 2nd respondent Sub Registrar.

5.

The learned Senior Government Pleader, on instructions, would submit that since the 1st respondent Bank has no objection, the 2nd respondent Sub Registrar shall register Ext.P4 sale deed.

In such circumstances, this writ petition is disposed of by directing the 2nd respondent Sub Registrar to register Ext.P4 sale deed, if there is no other legal impediments, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.