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1997 Supreme(Ker) 45

P.K.BALASUBRAMANYAN, K.A.ABDUL GAFOOR
Rajendra Prasad – Appellant
Versus
South Indian Bank – Respondent


Judgment :-

P.K. Balasubramanyan, J.

C.R.P. 188 of 1993 is by the judgment debtors in O.S.51 of 1983 on the file of the Subordinate Judge's Court of Tellicherry. C.R.P. 2340 of 1995 is by one of the judgment debtors in O.S.170 of 1988 on the file of the Subordinate Judge's Court of Cochin. Both the suits were filed by banks for recovery of amounts due to them from the respective judgment debtors. Both the suits were for recovery of the amounts due by sale of the mortgaged properties. Composite decrees were passed in terms of O. XXXIV of the Code of Civil Procedure as adopted in Kerala. The properties were brought to sale on failure of the mortgagors to deposit the amounts due to the mortgagee in time or within the extended time granted by the court in that behalf. After the properties were sold but before the sale were confirmed, the judgment debtors purported to file applications seeking redemption of the respective mortgages on the assertion mat they are entitled to redeem the mortgages at any time before confirmation of the sale. These applications were opposed by the decree holders as well as by the auction purchaser. They contended that on the scheme of O.XXXIV of the Code of C












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