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2025 Supreme(Online)(Ker) 52286

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
STALIN VARGHESE – Appellant
Versus
MUKUNDAPURAM TALUK HOUSING CO-OPERATIVE SOCIETY NO R-326 – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ATHUL TOM, SMT.MANASI MURALIDHARAN

JUDGMENT

The petitioner availed two loans from the respondent Society. The property of the petitioner is mortgaged to secure the repayment of the loans. The mortgaged property is stated to be the residential house of the petitioner. On default being committed, the Society initiated proceedings under the provisions of Section 69 of the Kerala Co-operative Societies Act , 1969 and obtained separate Awards in respect of both the loans availed by the petitioner. On the Award being put to execution before the Munsiff’s Court, Irinjalakkuda [as E.P. No.1907 of 2024], the petitioner is before this Court, seeking the following reliefs:-

‘ ’’i. issue a writ of mandamus directing the respondent bank to pay the amount due in installments;

ii. issue a writ of mandamus or any other writ directing the respondents from taking any coercive proceedings against the petitioner’s pursuant to Exhibit P3 & P4 notice;

iii. issue a writ of mandamus or any other writ directing the respondents to regularize the loan.’’

2. Learned counsel appearing for the petitioner submits that though the sale of the property of the petitioner was notified, no sale has taken place till today. Learned counsel appearing for th

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