order of attachment cannot be bar to register the document -
Citation
S. Praveen Bohra Versus Joint-I Sub-Registrar (In the cadre of District Registrar), Coimbatore
Head Note
Constitution of India – Article 226 – Cancellation of Registration – Petitionersought to call for the records relating to the proceedings of Respondent in cancelling the registered sale deed executed in favour of Petitioner and direct the Respondent to register sale deed in question and return the original document of sale deed after due registration to Petitioner –
Court held – it is well settled principle of law that order of attachment cannot be bar to register the document – Therefore, there is no need for Petitioner to file an appeal –sale of the subject property, pending the order of attachment is void only as against claims enforceable under order of said attachment and not in respect of other claims – Therefore, sale of the property attached cannot be construed as illegal sale – Petition allowed.
(Para 8)
Comparative Citations:
2016 (1) CWC 449, 2016 (3) CTC 493, 2016 (3) MLJ 562, 2016 (163) ALLINDCAS 363, 2016 AirCC 2240,
Court held – it is well settled principle of law that order of attachment cannot be bar to register the document – Therefore, there is no need for Petitioner to file an appeal –sale of the subject property, pending the order of attachment is void only as against claims enforceable under order of said attachment and not in respect of other claims – Therefore, sale of the property attached cannot be construed as illegal sale – Petition allowed.
(Para 8)
Comparative Citations:
2016 (1) CWC 449, 2016 (3) CTC 493, 2016 (3) MLJ 562, 2016 (163) ALLINDCAS 363, 2016 AirCC 2240,
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