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2026 Supreme(Online)(Ker) 18154

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
EMMANUEL THOMAS – Appellant
Versus
SOUTH INDIAN BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.A.MOHAMMED SHAH, SHRI.RENOY VINCENT, SHRI.SHAHIR SHOWKATH ALI, SHRI.CHELSON CHEMBARATHY, SHRI.ABEE SHEJIRIK, FASLA N.K, SMT.NANDA SURENDRAN, SHRI.SAHAL SHAJAHAN, SHRI.AQUIN KURUVILLA TOM, SHRI.M.N.MOHAMMED HUSSAIN, SHRI.JITHIN ALEXANDER SUNNY, SMT.NAFIYA SHAHALA C.K., SMT.AYISHA RISWANA, SMT.REJABANA PARVEEN T. R., SMT.FEMITHA FATHIMA, SMT.ALMIYA AJI
For the Respondents: ADV.P.A.AUGUSTINE

Table of Content
1. issues regarding mortgage and property release. (Para 1 , 2)
2. arguments regarding the bank's evaluation of requests. (Para 3 , 4)
3. court's directive on handling the request. (Para 5)

JUDGMENT

The petitioners availed credit facilities from the respondent Bank by mortgaging their properties. The total liability, according to the petitioners, as of date is approximately Rs.5,24,00,000/-. In April, 2025, they sought partial release of a small portion of the mortgaged property. However, the Bank did not accede to the request. Aggrieved by the same, the petitioners filed W.P.(C) No.43254/2025 and by Ext.P6 judgment, this Court directed the respondent Bank to consider the request of the petitioners. Pursuant to the said judgment, Ext.P11 communication was issued on 15.01.2026 permitting partial release of 20 cents subject to some conditions. Challenging the communication issued by the Bank, W.P.(C) No.2309/2026 was filed by the petitioners. By Ext.P9 judgment, this Court disposed of the writ petition directing the respondent Bank to complete the process of releasing 20 cents within a period of one week from the date of receipt of Rs.30 lakhs to be paid by the petition

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