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2019 Supreme(Online)(KER) 30383

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
SUNDARAM BNP PARIBAS HOME FINANCE LIMITED – Appellant
Versus
JACOB G – Respondent


J U D G M E N T

The prayers in the aforecaptioned Writ Petition (Civil) are as follows:

“i. Issue a Writ of Mandamus compelling the 1st respondent to remove the attachments made subsequent to the creation of Mortgage in the properties having an extent of 4.16 Ares properties comprising in Re.Sy.No.198/1/(Sy.No.346) in Block No.10 of Thiruvankulam village, Ernakulam District.

ii. Declare that the attachment made in properties having an extent of

4.16 ares properties comprising in Re.Sy.No.198/1 (Sy.No.346) in Block No.10 of Thiruvankulam village, Ernakulam district iis free from all encumbrances.

iii Issue such other order or direction as this Honourable Court deems fit considering the facts and circumstances of the case.”

2. Heard Sri. T.Rajesh, the learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader, appearing for the 1st respondent Sub Registrar, Thripunithura. In the nature of the orders proposed to be passed in this Writ petition, notice to R2 and R-3 will stand dispensed with.

3. According to the petitioner, one Sri.P.Venugopal and two others had entered into a loan transaction with the petitioner (M/s.Sundaram BNP Paribas Home Finan

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