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2026 Supreme(Online)(Ker) 14233

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
AJAY JOSE – Appellant
Versus
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SAJEEV KUMAR K.GOPAL
For the Respondents: SRI.SALIL NARAYANAN K.A.-STANDING COUNSEL

JUDGMENT

The Writ Petitioner challenges Ext. P5 notice of attachment of the 1st petitioner’s property. There is a reference document number covered by Deed No.1785 of 1985 of Kochi Sub Registrar Office.

2. According to the petitioner, the petitioner has various other properties, which have already been mortgaged with KSFE for other loans availed by him. However, instead of proceeding against those properties, KSFE had now proceeding by Ext. P5 against the property of which show encumbrance exist. The learned Counsel further submitted that, the petitioner is willing to identify third party purchasers who can pay the amount, the purchase price directly, to KSFE so as to relieve them of the burden of the recovery proceedings and also enable the petitioner to obtain a much higher price than KSFE would obtain in auction proceedings.

3. The learned Standing Counsel, upon instructions, submitted that the total liability due from the petitioner is Rs.1,43,69,035/- as on 28.02.2026. It is further submitted that, if the petitioner is genuine in identifying a purchaser, the respondent has no objection in entering into tripartite agreement for executing the sale deed and relieving the property

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