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2024 Supreme(Online)(KER) 53228

HIGH COURT OF KERALA
VIJU ABRAHAM, J
BANK OF BARODA – Appellant
Versus
THE SUB REGISTRAR PATTAMBI – Respondent


Advocates:
LEO GEORGE, G.P. - SHYNIMOL

Table of Content
1. petitioner is a public sector bank (Para 2)
2. petitioner submits that the mortgage (Para 3)
3. the above writ petition is disposed (Para 4)

J U D G M E N T

Notice to the respondents have been duly served except the 4th respondent and he has been deleted from the party array as per order dated 17.01.2024 in I.A. No. 1/2024.

2. Petitioner is a public sector bank. The 4th respondent along with his wife availed a housing loan of Rs. 30,000,00/- from the Pattambi Branch of the petitioner Bank, and to secure the due repayment of the outstandings in the credit facility, an equitable mortgage was created on 21.08.2013 in respect of the property having an extent of 4.53 ares comprised in Sy.No. 4/8 of Pattambi Village, Ottapalam Taluk, Palakkad District together with building and other structures covered by Sale Deed No. 144/1/2013 of Pattambi SRO in favour of the petitioner Bank. Subsequently there was default in repayment of the amount, and SARFAESI proceedings were initiated. Ultimately the mortgaged property was sold to the 5th respondent on 23.08.2023 and Ext.P5 sale certificate was issued by the authorised ofÏcer of the petitioner in favour of the 5th respondent as is e

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