SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 25753

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
RUMSY RASHEED – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL) – Respondent
WP(C) NO. 4426 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.S.SREEKUMAR (KOLLAM),SMT.NAMITHA RAJESH,SRI.A.MOHAMMED ANAS,SMT.MALVIKA S KUMAR,SMT.NITHYA V.D.
For the Respondents: SRI.V.JAYAPRADEEP (FOR R2),SMT.O.A.NURIYA (FOR R2),SRI.D.S.LOKANATHAN (FOR R2),SMT.SAJEENA ABDU T.K. (FOR R2),SMT. RESMI THOMAS (GP)

Bank must return title deeds and cancel mortgage upon full loan repayment with consent.

Headnote:The petitioner sought directions for return of title deeds deposited as mortgage security upon full loan repayment and cancellation of the 'Gehan'. No specific statutes were referenced. The court noted the loan was repaid in full. The court found the bank's consent to return documents and cancel mortgage. Issues framed as request for return of title deeds and cancellation of 'Gehan' post-repayment. The ratio decidendi rested on the respondent bank's submission of no objection to compliance. Writ petition allowed on consent; title deeds to be returned forthwith and 'Gehan' cancelled.

Table of Content
1. petition for return of mortgage documents post-loan repayment. (Para 1)
2. bank consents to return deeds and cancel gehan. (Para 2)
3. writ allowed on consent; deeds returned, gehan cancelled. (Para 3)

JUDGMENT

This writ petition has been filed seeking a direction to the respondent bank to return the documents deposited by the petitioner for the purpose of creating a mortgage to secure the repayment of a loan that has been repaid in full. The petitioner also prays that the 'Gehan' executed by the petitioner may be cancelled. 2. The learned counsel appearing for the respondent bank submits that the bank has no objection to returning the title deeds to the petitioner, and the 'Gehan' executed by the petitioner can also be cancelled.

3. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank and taking into consideration the submission of the learned counsel for the respondent bank, this writ petition is ordered on consent, and it is directed that the title deeds deposited by the petitioner for creating the mortgage shall be returned to the petitioner, and the 'Gehan' executed by the petitioner shall also be cancelled, forthwith.

The writ petition is ordered accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top