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2026 Supreme(Online)(Ker) 14877

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHAILA T T – Appellant
Versus
THE SUB REGISTRAR, PUTHENCURUZ – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MANU NAIR G., SHRI.AJAY SANKAR, SHRI.SIDHARTH MURALI
For the Respondents: SRI.K. M. FAISAL

JUDGMENT

Dated this the 27th day of February, 2026 The Petitioner, is the absolute owner and registered proprietor of the immovable property more fully described in the schedule to this petition (hereinafter referred to as the “scheduled property”), being landed property and all improvements thereon admeasuring 2.2 Are (Sy. Sub Div. No. 151/12/5/2) in Kunnathunadu Village and more particularly evidenced by Doc. No. 3819/2012 of Puthencruz SubRegistry. The Petitioner is in peaceful possession and occupation of the said property. At different points of time, her son had availed two separate vehicle loans from the 3rd Respondent herein for financing the purchase of commercial vehicles.

The Petitioner submits that he executed all documents as guarantor as required by the 3rd Respondent for creation of security in respect of the above loan accounts and that the securities offered included the said vehicles and, at the request of the 3rd Respondent, collateral security in the form of a charge/ hypothecation/other encumbrance (as applicable) over the scheduled property. Howerver, default occured and as per the arbitration clause provided under the loan documents and applicable law, the 3r

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