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JAYASREE, W/O. K.S.ANIL versus PATHANAMTHITTA DISTRICT CO

High Court of Kerala

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JAYASREE, W/O. K.S.ANIL v. PATHANAMTHITTA DISTRICT CO-OPERATIVE - WP(C) No. 12342 of 2007(T) [2007] RD-KL 7656 (12 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12342 of 2007(T)

1. JAYASREE, W/O. K.S.ANIL,
... Petitioner

Vs

1. PATHANAMTHITTA DISTRICT CO-OPERATIVE
... Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

For Petitioner :SRI.P.P.JACOB

For Respondent :SRI.P.C.SASIDHARAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :12/04/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) No. 12342 of 2007 T

Dated, this the 12th day of April, 2007



J U D G M E N T

This WP(C) is filed for direction to 2nd respondent to release loan to the petitioner without requirement of production of prior documents for the property being mortgaged. Petitioner and her husband produced settlement deed executed by petitioner's father- in-law in favour of petitioner and her husband, original of which is being surrendered to the 1st respondent towards security along with mortgage deed. However, loan is not released because the prior document, i.e. the document conferring title on petitioner's father- in-law, is not produced. Petitioner's case is that prior title deed is a partition deed and the said document is not with petitioner's father- in-law. I do not think non-production of prior document affects the mortgage being created by petitioner along with her husband, if original settlement deed in favour of petitioner and her husband along with encumbrance certificate and possession certificate are produced and if petitioner's father-in-law is also made a party to the document as a mortgagor. In the circumstance, WP(C) is accordingly disposed of directing 1st respondent to release loan to W.P.(C)No. 12342/2007 -Page numbers- the petitioner accepting mortgage deed executed by petitioner along with her husband along with production of original settlement deed in their favour and encumbrance certificate and possession certificates issued by Village Officer along with tax receipt. Petitioner's father-in-law also will join along with petitioner's for execution of document. This WP(C) is disposed of as above.

(C.N.RAMACHANDRAN NAIR, JUDGE)

jg


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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