SENTHIL MURUGAN Vs. SUB REGISTRAR

JUDGEMENT

(1.) The unsuccessful writ petitioner is the appellant herein.

(2.) The second respondent is the owner of the petition mentioned property. He borrowed loan from the third respondent. Since the second respondent committed default in repaying the loan amount, the third respondent filed a suit before the Sub Court, Kovilpatti, in O.S.No.99 of 2019, seeking for recovery of the amount due to him. Pending suit, the third respondent moved I.A.No.217 of 2019 under Order III Rule 5 of the Code of Civil Procedure, wherein the learned Trial Judge has passed an order of attachment before judgment on 1/7/2019. Since the order of attachment before judgment is in force, the first respondent refused to register the document presented by the second respondent and the appellant / writ petitioner for registration.

(3.) Mr.Ajmal Khan, learned Senior Counsel, appearing for the appellant would contend that an order of attachment only creates a charge over the property and it does not create a statutory bar to the registering authority, namely, the Sub Registrar, Ottapidaram, for registering the sale deed produced by the alleged judgment debtor.