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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S, JJ
GEORGE DOMINIC – Appellant
Versus
KANJIRAPPALLY SERVICE CO-OPERATIVE BANKLTD – Respondent
| Table of Content |
|---|
| 1. writ petition filed to quash sale notice and seek time to pay debt. (Para 1 , 2 , 3) |
| 2. petitioner defaulted on payment; only partial payment made. (Para 4 , 5 , 6) |
| 3. learned single judge found no bona fides in the petitioner's claim for extension. (Para 8 , 10 , 18) |
| 4. petitioner argues against the dismissal of amendment application. (Para 11 , 14 , 19) |
| 5. principles of constructive res judicata and henderson principle discussed. (Para 20 , 22 , 25) |
| 6. writ appeal dismissed; default prevented subsequent petition for relief. (Para 29) |
JUDGMENT
Anil K. Narendran, J.
The appellant filed W.P.(C) No.12344 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P1 sale notice dated 07.03.2025 issued by the 2nd respondent Special Sale Officer of the 1st respondent Kanjirappally Service Co-operative Bank Ltd., which is a Co-operative Society; and a writ of mandamus commanding the respondents to grant a six month time to clear the alleged debt due to the 1st respondent Co- operative Society under Ext.P1 sale notice. The document marked as Ext.P2 is a copy of the objection dated 19.03.2025
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