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2023 Supreme(Online)(KER) 13600

HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
THE KERALA GRAMIN BANK – Appellant
Versus
PRASOBHA – Respondent


Advocates:
JAWAHAR JOSE SAFEER BAWA A.S.CISSY MATHEWS

J U D G M E N T

Amit Rawal, J.

The petitioner/mortgagee of the property subject to the attachment with effect from 25/03/2019 and decree dated 29/10/2019 has approached this Court with the following prayers-

“ i. The Hon'ble Court may be pleased to direct the Family Court, Mavelikkara, to expeditiously dispose Exhibit-P8 Interlocutory Application, within a time limit to be determined by this Hon'ble Court.

ii. Declare that the petitioner has predominant right over the attached property, having an extent of 2.05 Ares in Survey Number 463/18 of Peringanadu Village, by virtue of the right as a mortgagee.

iii. Grant such other reliefs as the Hon'ble Court may deem fit and proper.”

2. We have confronted the learned counsel representing the petitioner the judgment of the Division Bench inShiju Joy v. Nisha , 2021 SCC OnLine ker.1391: (2021) 2 KLT 607 wherein the relief as sought for could be adjudicated by approaching the competent court.

3. At this stage Mr.Jawahar Jose, learned counsel appearing on behalf of the petitioner submitted that there is already an interim order in E.A.No.7 of 2023 for advancement and disposal of the application bearing I.A. No.2 of 2022 filed for recalling the ord

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