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2026 Supreme(Online)(Ker) 6319

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
THE OCHANTHURUTH SERVICE COOPERATIVE BANK LTD. – Appellant
Versus
THE SUB REGISTRAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.ASHOK SHENOY, SRI.P.S.GIREESH, SHRI.UMASANKER U.U., SHRI.ADITYA A. SHENOY
For the Respondents: SMT.C.S.SHEEJA, GP

JUDGMENT This writ petition has been filed by the Ochanthuruth Service Co-

operative Bank Limited, praying for a direction to the 1st respondent to register Ext.P10 certificate of sale issued in terms of the provisions contained in Rule 83 (5) of the Kerala Co-operative Societies Rules, 1969 (in short ‘the Rules’)

The brief facts are as follows:-

2. The 2nd respondent availed credit facilities from the petitioner Bank. When default was committed, the Bank initiated proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969 and obtained Ext.P3 award dated 26.11.2021, determining the liability of the 2nd respondent. On the award being put to execution, the 2nd respondent approached this Court by filing W.P(C)No.12632 of 2024, which was disposed of on 11.04.2024, permitting him to clear the entire liability in 18 monthly instalments. The 2nd respondent failed to comply with the conditions imposed by this Court in Ext.P4 judgment, prompting the petitioner Bank to bring the mortgaged property to sale. The property was sold in auction on 20.3.2025. On the property being put up for auction, the 2nd respondent filed W.P(C)No.10046 of 2025, in which Ext.P6 interim order was

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