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2025 Supreme(Ker) 2739

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Kerala Bank (Kerala State Co-Operative Bank) – Appellant
Versus
Jishith Kumar – Respondent


Advocates Appeared:
For the Petitioner: Adv Shri.P.C.Sasidharan
For the Respondent: Shri.Anilkumar V. (Vazharambil)

JUDGMENT :

Anil K. Narendran, J.

The appellants, who are the respondents in W.P.(C)No.21496 of 2025, are before this Court in this writ appeal, invoking the provisions under Section 5(i) of the KERALA HIGH COURT ACT , 1958, challenging the judgment dated 31.07.2025 of the learned Single Judge in that writ petition, which was one filed by the respondent herein-petitioner, who availed a business loan for Rs.16,00,000/- from Kakkodi Branch of the Kerala State Co-operative Bank (erstwhile Kozhikode District Co-operative Bank) on 13.03.2019, by depositing title deed of the property having an extent of 20.5 cents in Chelannur Village. In the said writ petition filed under Article 226 of the Constitution of India, the petitioner sought for a writ of mandamus commanding the 1st appellant Kerala State Co- operative Bank (Kerala Bank) to permit him to clear the entire liability by easy monthly installments, after deducting all interest, penal interest and other penal charges calculated in the loan account; an order directing the 1st appellant Kerala Bank and the 2nd appellant Authorised Officer to release physical possession of the mortgaged property to the petitioner immediately; and stay of

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