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2026 Supreme(Online)(Ker) 13342

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
P.M.ABDUL SALAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.M.ABDUL LATHEEF
For the Respondents: SRI. K. M. FAISAL, GP

JUDGMENT

(Dated this the 20th day of February, 2026)

The petitioner had availed a loan of ₹5,00,000/- (Rupees Five Lakhs only) from the 2nd respondent Co-operative Bank. As security for the said loan, two items of property were mortgaged in favour of the 2nd respondent. On default, arbitration proceedings were initiated. Ext. P1 is the judgment in W.P.(C) No.9076 of 2004 filed by the petitioner before this Court, whereby the sale certificate issued in favour of the Bank was set aside. By judgment dated 05.04.2005, this Court directed that, upon filing an appropriate petition for re-

delivery, the property shall be re-delivered to the petitioner.

The grievance of the petitioner is that Ext. P2 encumbrance certificate still contains an entry relating to the property in question reflecting the attachment. After disposal of the earlier writ petition, the petitioner produced a certified copy of the judgment before the 3rd respondent and requested that the attachment entry be lifted from the records. However, by Ext. P6 communication, the 3rd respondent informed the petitioner that unless a communication is received directly from the Court which passed the order, the request for lifting or

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