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2026 Supreme(Online)(Ker) 5829

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JOJI MATHEW – Appellant
Versus
AUTHORITISED OFFICER, URBAN CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 1844 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.S.SUJINI, SMT.POOJA VENKAT
For the Respondents: SMT.JAYASREE K.P., SHRI.JOHN JOSEPH

The court determined that proceedings were infructuous as the property sale did not occur.

Headnote:The High Court of Kerala, in WP

(C) No. 1844 of 2026, addressed the legality of the Exhibit P6 Sale Notice issued by the urban cooperative bank concerning a mortgaged property, wherein the petitioner sought a writ of Mandamus to stay proceedings and declare the notice illegal. The court found the petition infructuous as the sale did not occur due to lack of bidders. Final outcome: 'the writ petition stands closed.'

Table of Content
1. prayers for writ of mandamus and declaration of illegality of a sale notice. (Para 1 , 2)

BASANT BALAJI, J.

-----------------------------------------------

W.P.(C) No.1844 of 2026 -----------------------------------------------

Dated this the 27th day of January, 2026 JUDGMENT The writ petition is filed with the following prayers: A. Issue a writ of Mandamus, to the 1st respondent thereby staying all further proceedings of Exhibit P6 Sale Notice in respect of a total extent of property 75.5 cents (5.50 cents + 23 cents + 20 cents + 27.07 cents - consolidated as a single plot) in Survey No.689/2, 683/3 at Thekkumbhagam Desom, Thekkumbhagam Village, Kanayannur Taluk, Ernakulam District covered under Doc No.1787/2015, 1070/2015, 2094/2015, 1763/2015 at Kanayannur Ernakulam.

B. Declare that the Exhibit P6 Sale Notice issued to the petitioner is illegal and bad in the eyes of law .

C. Call for records leading to the issuance of Exhibit P2, notices till the issuance of Exhibit P6 Sale Notice and ascertain the legality of the same.

D. Issue a writ of Mandamus or any other appropriate writ or direction to the respondents to produce the entire records relating to mode of adjustment of the sale proceeds of the mortgaged property in the loan account of the petitioner.

2. Ext.P6 is a sale notice issued by the respondent Bank for sale of the secured assets having an extent of 75.5 cents on 17.01.2026 by public auction. The counsel for the respondent Bank, on instructions, submits that on 17.01.2026, the sale did not fructify as there were no bidders.

Therefore, the prayers in this writ petition have now become infructuous and the writ petition stands closed.

Sd/-

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