JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus, or any other appropriate Writ or Order or direction directing the 1st and 2nd respondents to release the Original Title Deed of the property and the documents related to the mortgage with respect to the property of 04.53 Ares comprised in Resurvey No. 96/17, Block No. 57 (Old Survey No. 37/1) of Kattappana Village along with the residential building to the petitioner herein which is mortgaged with respondent No.2.

ii. Grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice. (SIC)

2. Petitioner is the owner in possession of a total extent of 04.53 Ares of property comprised in Resurvey No.96/17 in Block No.57 (Old Survey No. 37/1) of Kattappana Village along with a residential building by virtue of Ext.P1 sale deed. The prior owner of the property was one A.Ponjayam. He had availed a loan from the 2nd respondent KSFE, in connection with a chitty subscription by mortgaging the title deed. The transfer in favour of the petitioner was subject to the said mortgage. Later the prior owner who had mortgaged the property died and repayment of the loan was de