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2017 Supreme(Online)(KER) 50479

HIGH COURT OF KERALA
P.N.RAVINDRAN, P.SOMARAJAN, JJ
RAJEESH BABU – Appellant
Versus
P.K.VINOD – Respondent


Advocates:
SRI.U.BALAGANGADHARAN

JUDGMENT

P.N.Ravindran, J.

This appeal arises from the order passed by the Court of the Principal Subordinate Judge of Palakkad on 11.3.2015 in E.A.No.215 of 2011 in E.P.No.204 of 2009 in O.S.No.403 of 2008, an application filed by respondents 1 to 7 herein under Order XXI rule 58 of the Code of Civil Procedure . By the said order, the court below allowed the claim petition filed by the respondents and lifted the order of attachment before judgment passed by it on 19.8.2008 on I.A.No.2531 of 2008. It has come out in evidence and it is not in dispute that the attached property was mortgaged as security for a loan availed by the judgment debtor himself from Syndicate Bank, Palakkad Branch. The loan was availed prior to the date on which the instant suit was instituted. Prior to the date of the attachment before judgment namely prior to 19.8.2008, the attached property was mortgaged in favour of Syndicate Bank, Palakkad Branch. When the loan was not repaid, the bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (hereinafter referred to as 'the Securitisation Act' for short). The attached property wa

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