Secretary Keechery Service Co-Operative Bank Ltd Vs Sajitha Nizar alias Sajitha P.M. (Kerala High Court)
The appeal arose from the judgment in W.P.(C) No.11487 of 2019, in which the learned Single Judge directed the concerned authorities to effect mutation of the property in favour of the writ petitioner pursuant to the registered sale deed and further directed the Sub Registrar to efface the attachments entered in the Sub Registry records. The seventh respondent in the writ petition challenged that judgment in the present writ appeal.
The property in dispute comprised 5.56 Ares with a building situated in Amballoor Village, Ernakulam District. The original owner had created an equitable mortgage over the property in favour of Federal Bank Limited on 27.06.2014. Upon default in repayment of the loan, the Bank issued a notice under Section 13(2) of the SARFAESI Act on 17.07.2015, thereafter took possession of the property on 09.10.2015, and conducted an auction after following the prescribed procedure. The writ petitioner emerged as the successful bidder, and a registered sale deed was executed in her favour on 26.02.2019.
When the auction purchaser sought mutation of the property, the request was declined because attachment orders had been recorded against the property. One attachment had been issued by the Munsiff Court, Muvattupuzha on 21.10.2015, while another attachment had been passed by the Arbitration Court/Joint Registrar, Co-operative Societies (General), Ernakulam on 07.07.2015. Both attachments were effected after the creation of the equitable mortgage in favour of Federal Bank.
