Allowed

Shahida Panangattummal v. the Secretary

Kerala HC22 Mar 2023WP(C)/564/2023

Case brief

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What is this about?

The Court allowed a writ petition filed by a defaulting borrower seeking reconveyance of a mortgaged residential property after its auction sale was confirmed in favour of the Bank. The Court directed the Bank to cancel the sale and reconvey the property upon payment of a specified outstanding amount within a stipulated deadline.

What did the court decide?

Sale of property in favour of Bank cancelled; property to be reconveyed to petitioner upon payment of Rs.1,26,659/- on or before 31-03-2023.

Shahida Panangattummal Vs the Secretary — Execution and Attachment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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WEDNESDAY, THE 22ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945

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WP(C) NO. 564 OF 2023

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PETITIONER:

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SHAHIDA PANANGATTUMMAL
AGED 38 YEARS, W/O. ABDUSALAM,
MARADHAMKUZHIYIL, POONKUDIYIL, AREAKODE AMSOM,
UGRAPURAM POST, MALAPPURAM DISTRICT, PIN – 673 639.

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BY ADV K.RAKESH

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RESPONDENT:

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THE SECRETARY

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AREAKODE SERVICE CO-OPERATIVE BANK LTD., AREAKODE P.O.,
MALAPPURAM DISTRICT, PIN – 673 639.

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BY ADV PRAVEEN K.S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.564 OF 2023 2

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JUDGMENT

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Petitioner availed a loan from the respondent Bank. On default being committed proceedings were initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act, 1969, and an award was obtained determining the amounts payable by the petitioner. The award was put to execution and the property of the petitioner, which was mortgaged to the Bank, was brought to sale. The sale was confirmed on 17-12-2021, in favour of the Bank, as there were no other bidders in the auction conducted by the Bank.

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The learned counsel appearing for the petitioner submits that the property in question is a residential house of the petitioner. It is submitted that the petitioner is willing to settle the entire liability and on the petitioner settling the entire liability, the Bank may be directed to reconvey the property to the petitioner by canceling the sale conducted in favour of the Bank.

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WP(C) NO.564 OF 2023 3

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The learned counsel appearing for the

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respondent Bank submits that the outstanding amount as on date is Rs.1,26,659/- and on the petitioner remitting that amount, within a reasonable time, the sale conducted can be cancelled and the property can be reconveyed to the petitioner.

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Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Bank, it is directed that on the petitioner paying a sum Rs.1,26,659/- on or before 31-03-2023, the sale conducted in favour of the Bank in respect of the property of the petitioner shall be cancelled and the property shall be reconveyed to the petitioner.

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The writ petition is disposed of as above.

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Sd/-

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GOPINATH P. JUDGE

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ats

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WP(C) NO.564 OF 2023 4

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APPENDIX OF WP(C) 564/2023

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PETITIONER’S EXHIBITS

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EXHIBIT P1TRUE COPY OF THE SALE CERTIFICATE DATED 8-4-2022
ISSUED BY THE MUNSIFF COURT, MANJERI

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EXHIBIT P2TRUE COPY OF THE ORDER PASSED BY THE MUNSIFF COURT
MANJERI IN E.P.NO.258/2022 IN E.P.NO.252/2017 IN
ARC.NO.379/2015 DATED 4-11-2022

Shahida Panangattummal v. the Secretary

Case brief

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Shahida Panangattummal v. the Secretary

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