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2023 Supreme(Ker) 175

SHAJI P. CHALY
Vinu Madhavan, S/o. Madhavan – Appellant
Versus
State Bank of India, Vennala Branch, Represented by its Branch Manager – Respondent


Advocates Appeared:
For the Petitioner: R. Muraleekrishnan, V.S. Nowshad, T.M. Reshmy, Sithara S., Binu K.B.
For the Respondent: Sri. M. Jithesh Menon, SC.

JUDGMENT :

The writ petitioner who has availed housing loans from the State Bank of India, Vennala Branch, Kochi, respondent No.1, has filed the writ petition, seeking a writ of mandamus commanding the respondents to release the security documents, including the original title deed pertaining to Exhibit P1, to the petitioner at the earliest and for other related reliefs.

2. Brief material facts for the disposal of the writ petition are as follows:

The petitioner, in the year 2015, has availed housing loans for a total amount of Rs.16 lakhs from the respondent Bank by mortgaging the original of Exhibit P1 title deeds of his property. According to the petitioner, his business collapsed and to tide over the said situation, during the year 2016, the petitioner’s wife got her share in cash from her family and offered to invest the same into the petitioner’s business, subject to the condition that ¼ share in the petitioner’s property including the right and ownership of the first floor of the building therein would be assigned to her. Accordingly, a deed was executed in favour of the petitioner’s wife.

3. Thereafter, in the year 2022, the respondent Bank was made aware of the execution of se

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