JOLY SCARIAH v. SUB REGISTRAR

file the Writ Petition without producing the English translation of vernacular documents and permit him to produce the same as and when required by this Honourable Court; (v) To pass such other reliefs as it may deem just and proper by this Honourable Court.”

2. Petitioner is the owner of 1.20 Ares of property in Re.Sy.No.844/7/1 (Old Sy.No.1190/1/18), Block No.5 of Mannankandam Village, Idukki District, which was obtained by the petitioner under a partition deed bearing No.1136 of 2007 of Devikulam Sub Registry Office. The wife of the petitioner has instituted certain proceedings against the petitioner, due to family disputes between them, before the Family Court, Thodupuzha, and also before the Judicial First Class Magistrate Court, Adimali. The complaint preferred WP(C)NO.42672 OF 2023 4 before the Judicial First Class Magistrate Court, Adimali, was under the provisions of the Protection of Women from Domestic Violence Act, 2005 and the same was dismissed by the learned Magistrate against which she preferred a revision petition before this Court as Crl.R.P.No.461 of

2010. By Ext.P1 order dated 19.02.2010 in Crl.M.A.No.1384 of 2010 in Crl.R.P.No.461 of 2010, this Court restrained the petitioner from alienating or encumbering the property for a period of one month and after final hearing of the case, this Court set aside the order passed by the learned Magistrate and remitted the matter back for fresh disposal as per Ext.P2 judgment dated 10.12.2010. Later the petitioner and his wife settled the disputes amicably in the Lok Adalath as per Ext.P3 award dated 14.10.2017 whereby the petitioner had undertaken to pay Rs.16,00,000/- to his wife and on payment of the said amount, she agreed to vacate the shared household and hand over to the petitioner and also agreed to lift the attachment over the properties of the petitioner and to withdraw all the pending cases between them. Petitioner submits that in terms of WP(C)NO.42672 OF 2023 5 Ext.P3 award, the petitioner has paid Rs.16,00,000/- by way of Ext.P4 cheque and thereafter as agreed under Ext.P3, the attachment over the property of the petitioner obtained by his wife was lifted as per order dated

11.04.2018 in I.A.No.140 of 2018 in O.P.No.44 of 2010 of the Family Court, Thodupuzha, and the lifting of attachment was communicated to the respondent by the Family Court as per Ext.P5 communication dated 13.04.2018. Petitioner had availed two loans from the Service Co-operative Bank, Adimaly, by mortgaging the above said property and there was some default in repayment of the loan amount and thereupon he entered into an agreement for sale of the property with a third party and the purchaser of the property has paid all outstanding debts due to the Co- operative Society and got release of the property. It is only when the draft sale deed was presented before the respondent, the petitioner was told that no sale deed in respect of the property could be registered since there is a prohibitory order from this Court and the petitioner applied for a copy of the encumbrance certificate obtained as per WP(C)NO.42672 OF 2023 6 Ext.P6 and Sl.No.4 in Ext.P6 is Ext.P1 order of this Court. Thereupon the petitioner submitted Ext.P7 representation dated 23.11.2023 before the respondent. Till date no action has been taken to remove the entry mentioned as Sl.No.4 in Ext.P6 encumbrance. As per the contention raised by the petitioner, Ext.P1 interim order wherein the petitioner was restrained from alienating or encumbering the property is no more in existence after the disposal of Crl.R.P.No.461 of 2010 as per Ext.P2. Further it is the case of the petitioner that all issues have been settled between the parties as per Ext.P3 award of the Lok Adalath and in terms of the said settlement, the amount agreed upon was paid as per Ext.P4 cheque. As agreed under Ext.P3, the attachment over the properties of the petitioner obtained by the wife of the petitioner was lifted and intimated to the respondent by the Family Court as per Ext.P5 communication, which is not seen endorsed in Ext.P6 encumbrance. On the basis of the same, the petitioner would submit that there is no attachment subsisting and therefore, direction may be issued, so that the entry in WP(C)NO.42672 OF 2023 7 Ext.P6 encumbrance certificate regarding attachment may be removed.

3. Learned Government Pleader brought to my notice Rule 171 of the Registration Act and Rules, Kerala, which mandates that a certificate of encumbrance shall contain a complete list of all acts and encumbrances affecting the property in question. On the basis of the same, the contention of the learned Government Pleader is that if there is an attachment, the same will find a place in the encumbrance certificate and that if it is lifted or removed, the said endorsement will also be entered in the encumbrance certificate.

4. The interim order passed by this Court as per Ext.P1 is not in force by the disposal of the Crl.R.P. and further that the attachment order issued by the Family Court has been lifted and communicated as per Ext.P5. In view of the same, I am of the opinion that endorsement regarding lifting of the attachment shall be made in the encumbrance certificate and there can be no impediment in issuing a fresh encumbrance certificate containing such WP(C)NO.42672 OF 2023 8 entry to the petitioner for which the petitioner has already preferred Ext.P7 representation before the respondent. I am of the view that the matter requires reconsideration at the hands of the respondent in the light of the observation made above. In such circumstances, the above Writ Petition is disposed of with a direction to the respondent to consider Ext.P7 representation and take a final decision in the matter taking into consideration the disposal of Crl.R.P. as per Ext.P2 and the communication issued by the Family Court as Ext.P5 regarding lifting of the attachment. Petitioner shall produce all the documents in support of his contentions before the respondent who shall also advert to the same while taking a decision on Ext.P7 as directed above. Subsequent to the decision to be taken on Ext.P7, if the sale deed presented for registration is otherwise in order, the respondent shall also take necessary steps to register the sale deed. The proceedings in this regard shall be finalised by the respondent with notice to the petitioner or any other affected parties including the WP(C)NO.42672 OF 2023 9 petitioner in Ext.P3 award of the Lok Adalath within an outer limit of one month from the date of receipt of a copy of the judgment. Sd/- VIJU ABRAHAM JUDGE WP(C)NO.42672 OF 2023 10 APPENDIX OF WP(C) 42672/2023 PETITIONER'S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE ORDER DATED 19.2.2010 IN CRL.M.A.NO.1384/2010 IN CRL.R.P.NO.461/2010 TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN CRL.R.P.NO.461/2010 DATED 10.12.2010 TRUE COPY OF THE AWARD IN CMP NO 3532/2009 DATED 14.10.2017 OF THE LOK ADALATH TRUE COPY OF THE CHEQUE FOR RS.16,00,000/- DATED 26.3.2018 DRAWN BY THE PETITIONER IN FAVOUR OF HIS WIFE TRUE COPY OF THE LETTER D NO 415/2018 DATED 13.4.2018 BY THE LEARNED JUDGE OF THE FAMILY COURT, THODUPUZHA TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OF THE PETITIONER'S PROPERTY DATED 13.10.2023 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 23.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT