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2026 Supreme(Online)(Ker) 7801

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
YOUSUF C.M. – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.DEEPAK MOHAN
For the Respondents: SRI.GILBERT GEORGE CORREYA

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947 WP(C) NO. 46398 OF 2025 PETITIONER:

YOUSUF C.M., AGED 53 YEARS CHETTIYARODATH HOUSE, VALLIKETTU PULLODU, ADAPURAM P.O., NILAMBUR, MALAPPURAM, PIN -

676542 BY ADV SRI.DEEPAK MOHAN RESPONDENT:

KERALA STATE CO-OPERATIVE BANK, NILAMBUR TOWN BRANCH, NILAMBUR, MALAPPURAM, EPRESENTED BY ITS AUTHORIZED OFFICER, PIN -

679329 BY ADV SRI.GILBERT GEORGE CORREYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT DATED THE 30TH DAY OF JANUARY 2026 The petitioner availed a housing loan from the respondent-Bank for a sum of Rs.10,00,000/- by mortgaging his residential property. Out of the said amount, Rs.8,00,000/- was released to the petitioner as he has not obtained the completion certificate. Since there was default in repayment, the respondent-Bank initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) before the Chief Judicial Magistrate’s Court, Manjeri and the said Court has passed

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