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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
SOUTH INDIAN BANK LTD – Appellant
Versus
MUHAAMMADKANI RAWTHER – Respondent
| Table of Content |
|---|
| 1. intra-court appeal against a learned single judge's order. (Para 1 , 2 , 3 , 4) |
| 2. arguments against stalling sarfaesi proceedings. (Para 6 , 7) |
| 3. maintainability of writ appeal under section 5(i) of the kerala hc act. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conditions for invoking writ jurisdiction against sarfaesi act. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. pre-deposit requirement for appeal under section 18 of sarfaesi act. (Para 22 , 23 , 24 , 25) |
| 6. o.p.(drt) not maintainable without exhausting remedies under sarfaesi. (Para 26) |
| 7. setting aside the impugned order dated 19.12.2025. (Para 27) |
| 8. writ appeal allowed and parties may seek early disposal. (Para 28) |
JUDGMENT
Muralee Krishna, J.
The appellants, who are respondents 1 and 2 in O.P.(DRT) No.398 of 2025, filed this intra-court appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the order dated 19.12.2025 passed by the learned Single Judge in that O.P.(DRT).
2. As per the pleadings in the original petition, the 1st respondent availed a housing loan from the 2nd appellant Bank, for the purpose of constructing the residential house for his daughter, the 2nd respondent, mortgaging an ext
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