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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
Laxmi Ignatius – Appellant
Versus
The Inspector General of Registration, Government of Kerala – Respondent
| Table of Content |
|---|
| 1. loan default, sarfaesi possession, release deed executed post-payment. (Para 1 , 2 , 3) |
| 2. counsel submissions concede illegal encumbrance entry by sub-registrar. (Para 4 , 6 , 7) |
| 3. writ allowed directing effacement of unauthorized attachment entry. (Para 8) |
JUDGMENT
The petitioner’s husband had availed a loan from the 4th respondent, by executing a Gehan as a borrower, in favour of the bank with respect to a property, having an extent of 5.91 Ares, comprised in (Survey No.743/1) Resurvey No.425/8/2, Block No.31 of Chovvara Village. Since dues occurred, the bank initiated proceedings under the SARFAESI Act and the 3rd respondent, took possession of the property. At the same time, the 3rd respondent had also issued Ext.P1 intimation to the 2nd respondent, requesting him to make necessary noting in their records to avoid any further undue attempt to alienate the mortgaged property and as such, the 2nd respondent had noted it in their records of the Sub Registry.
2. Subsequently, the petitioner’s husband discharged the full liability of the 4th respondent and the 4th respondent executed Ext.P2 Gehan release deed, dated 6.3.2023, to him. Later, when the petitioner and
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