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2022 Supreme(Ker) 293

BECHU KURIAN THOMAS
A. A. KUMARAN S/O AYYAPPAN – Appellant
Versus
SUPERINTENDENT OF POLICE, THRISSUR – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MAHESH V. MENON.
For the Respondents: THUSHARA JAMES, S. EASWARAN, P. CHANDRASEKHAR, C.S. ULLAS, MANJARI G.B.

JUDGMENT :

BECHU KURIAN THOMAS, J.

1. Petitioner is the auction purchaser of a property over which security interest was created for a loan availed by respondents 4 and 5 from the third respondent. Consequent to default in repayment of the loan, proceedings for the enforcement of security interest were initiated. Possession of the secured asset was taken over by the Advocate Commissioner on 13.03.2018 and handed over to the third respondent.

2. Thereafter, in compliance with the statutory provisions, sale of the secured asset was held on 28.10.2021, and petitioner became the successful bidder, having bid the property for Rs.43,10,000/-. Subsequently, a sale certificate was executed and registered as document No. 199/1/2022 before the Sub Registry Office, Cherppu dated 19.01.2022. The sale certificate was registered after physical possession of the secured asset was handed over to the petitioner. Petitioner also effected transfer of registry of the property and remitted the basic tax.

3. Petitioner alleges that on the morning of 22.1.2022, respondents 4 and 5, who were the borrowers, forcibly trespassed into the property, broke open the doors, threatened the inmates and took forcible po

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