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2025 Supreme(Online)(Ker) 58091

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
THE SOUTH INDIAN BANK, PAYYANNUR BRANCH – Appellant
Versus
AUGUSTINE MATHEW – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.B.J.JOHN PRAKASH, SHRI.P.PRAMEL, SHRI.SOORAJ M.S., SMT.VARSHA VIJAYAKUMAR NAIR, SHRI.MANU BABY, SMT.RAJASREE K.
For the Respondents: ADV. LIZA P. CHERIAN

JUDGMENT

Muralee Krishna, J.

The respondents in O.P.(DRT) No.334 of 2025 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the interim order dated 07.11.2025 passed by the learned Single Judge in that original petition.

2. O.P.(DRT) No.334 of 2025 is one filed by the respondents-petitioners under Article 227 of the Constitution of India seeking to set aside Ext.P1 order dated 18.08.2025 in I.A.No.3135 of 2025 and Ext.P2 order dated 24.03.2025 in I.A.No.564 of 2025 passed by the Debts Recovery Tribunal-1 at Ernakulam and also a direction to maintain status quo in the property covered under Ext.P11 ownership certificate relating to building No.335 issued by the secretary of the Payyannur Municipality.

3. On 07.11.2025, when the O.P.(DRT) came up for consideration, the learned Single Judge passed the following interim order:

“The learned counsel for the respondent bank has made available a letter dated 07.11.2025 issued to one Mr.Abdul Haris E.K, who a successful bidder in the auction conducted in respect of the mortgaged property, wherein he has remitted Rs.67,78,000/- (Rupees Sixty Seven Lakhs Seventy Eight Thousand only) being the 25% of t

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