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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JANAMBIKA – Appellant
Versus
SUB REGISTRAR – Respondent
| Table of Content |
|---|
| 1. ownership and guarantor's rights in property attachment process. (Para 1 , 2) |
| 2. writ petition arguments regarding enforcement mechanism. (Para 3) |
| 3. court's ruling on authority of arbitration in property attachment. (Para 4) |
BASANT BALAJI J ======================
W.P. (C) No. 46980 of 2025 ========================
Dated 09th day of January 2026 JUDGMENT The petitioner is the absolute owner and is in possession of 4.36 Ares of land comprised in Survey Nos. 43/8A1 and 43/8A2 of Pallippuram Village, Alappuzha District, falling within the jurisdiction of the Sub Registrar Office, Panavally. The borrower had availed a personal loan of ₹30,000/- from the third respondent, a company engaged in the business of granting loans on hypothecation and guarantee basis. The petitioner stood as guarantor for the said loan pursuant to a loan agreement executed between the parties. Owing to financial difficulties, the borrower defaulted in repayment of certain instalments. Consequently, the third respondent initiated arbitration proceedings in terms of the agreement, and the dispute was referred to a sole arbitrator.
2. In an interim application filed by the third respondent, the learne
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