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2021 Supreme(Online)(KER) 15664

PRAMOD KUMAR – Appellant
Versus
THE SOUTH INDIAN BANK LTD – Respondent


Advocates:
['E A BIJUMONK', 'SUNIL SHANKER', '', 'VIDYA GANGADHARAN', 'RAPHAEL THEKKAN']

JUDGMENT

The above writ petition is filed with following prayers:

“(i) issue a writ of mandamus or any other appropriate writ, direction or order to the 1st respondent bank to release the original documents of the mortgaged property after accepting balance amount as per the settlement entered between the petitioners and the 1st respondent bank.

(ii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to abstain from pursuing any coercive proceedings as against the properties owned by the petitioners by virtue of Exhibit P1and Exhibit P2 in respect of realization of any liability in the name of

2nd and 3rd respondents.

(iii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to release the property from all charges, if at all there be on, on reasonable terms considering the facts and circumstances of the case.

(iv) issue such other further reliefs as are necessary in the interests of justice.”

2. The petitioners are the owners of certain items of property. The property originally belongs to late Venugopal, who is the father of the petitioners. The petitioners executed a sale deed as

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