Sambushta Kuries P Ltd vs Sulabha — 300069/2024

Case Summary: EA 1346/2025 Court Decision: The Munsiff Court allowed Canara Bank's petition and lifted the attachment on the mortgaged property. The court held that the bank, holding a first charge on the property since March 2013, has priority over a subsequent decree holder's attachment from 2016, and that proceeding with the sale would be futile given the bank's outstanding liability of ₹76 lakh versus the decree debt of only ₹1.57 lakh. Key Reasoning: The bank established a valid equitable mortgage through deposit of title deeds before the later attachment. Since no prudent purchaser would bid on property subject to a much larger prior charge, conducting the sale would serve no useful purpose and would be wholly illusory. This case analysis is maintained by casestatus.in based on publicly available court records.