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2015 (7) TMI 1384 - HC - Indian LawsVacation of order of attachment - property which the petitioner has purchased in auction under the proceedings under SARFAESI Act - refusal on the part of the Village Officer to effect mutation of the 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 the same ceases to have any effect or fall to the ground the moment the sale is confirmed in favour of the petitioner. The appellants are entitled for a similar order - the attachments effected by the Munsiff Court, Thrissur after the date of mortgage are declared invalid and there will be a direction to the Sub Registrar and the Village Officer to efface the attachments effected after 08/07/2008 in their registers. Appeal allowed.
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