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2026 Supreme(Online)(Ker) 13833

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
KANAKARAJ.A – Appellant
Versus
THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.M.MUHAMMED HUSSAIN
For the Respondents: SRI.A.D.RAVINDRA PRASAD, SRI.ALEX VARGHESE, SHRI.A.D.CHANDRA BOSE

J U D G M E N T

The petitioner, along with his wife, availed a mortgage loan from the respondent bank. The residential property of the petitioner was offered a security for repayment of the loan. According to the petitioner, on account of financial stringency, the petitioner could not repay the loan amount in time. The bank initiated proceedings under the provisions of the Kerala Co-operative Societies Act , 1969, and obtained an award determining the liability of the petitioner. In execution, the mortgaged property of the petitioner was brought to sale, prompting the petitioner to approach this Court by filing W.P.(C)No.30261 of 2023. This Court disposed of W.P.(C)No.30261 of 2023, granting fifteen installments for payment of the overdue amount. The petitioner failed to comply with the conditions imposed by this Court while disposing of W.P.(C)No.30261 of 2023. Thereafter, the property of the petitioner was sold, and the bank itself purchased the property. The petitioner, therefore, filed an application for setting aside the sale. The Joint Registrar (General) of Co-operative Socieities and others did not find any illegality in the proceedings conducted by the Bank/Sale Officer

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