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2024 Supreme(Online)(KER) 13659

HIGH COURT OF KERALA
VIJU ABRAHAM, J
THE TRICHUR URBAN CO-OPERATIVE BANK LTD. – Appellant
Versus
THE SUB REGISTRAR – Respondent


JUDGMENT

Petitioner has approached this Court seeking the following reliefs:

“a. Declare that the Petitioner has first charge over the property admeasuring 7.79 Ares (19.25 cents) of land with residential building therein comprised of 3.95 Ares in Re. Sy. No. 271/9, 1.69 Ares in Re. Sy. No. 269/2, 0.59 Ares in Re. Sy. No. 274/1,697, 1.56 Ares in Re.Sy. No. 273/3, Peramangalam Village, and that the Petitioner has priority in the matter of proceeding against the said mortgaged properties for recovery of amounts due to the petitioner under the mortgage by the issue of an appropriate writ, direction or order;

b. Direct the 1st Respondent to efface the attachments (Exhibits P8, P9, P10) detailed in Ext.P7 encumbrance certificate, effected subsequent to 20.06.2017 (date of mortgage), upon the extent of 7.79 Ares (19.25 cents) of land with residential building therein comprised of 3.95 Ares in Re. Sy. No. 271/9, 1.69 Ares in Re. Sy. No. 269/2, 0.59 Ares in Re. Sy. No. 274/1,697, 1.56 Ares in Re.Sy. No. 273/3, Peramangalam Village, by the issue of writ of mandamus or an appropriate writ, direction or order;

c. Dispense with the English Translation of the Exhibits in Malayalam;

d. To issue such

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