A legal heir challenged a bank's sale proclamation. The bank submitted the loan was paid and property returned, leading to the petition's closure without substantive adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 38298 of 2007(H)
PETITIONER(S) :
M.P.THANKAMMA, W/O.NEELAKANDAN CHETTIYAR AGED 74 YEARS, MARANGATTIL HOUSE, PULICKAL KAVALA P.O., VAZHOOR, CHANGANACHERRY, KOTTAYAM DISTRICT.
BY ADV. SRI.V.K.PEERMOHAMED KHAN
RESPONDENT(S) :
R1 BY GOVT. PLEADER SRI. NOBLE MATHEW.
R2 & R3 BY ADVS. SRI. V.G. ARUN
SRI. T.R. HARIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011 , THE COURT ON 16/12/2011 DELIVERED THE FOLLOWING:
NS
WP(C).No. 38298/2007
APPENDIX
PETITIONER(S) EXHIBITS :
EXT. P5 : COPY OF THE NOTICE ISSUEDBY THE 2ND RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
/ TRUE COPY /
P.A. TO JUDGE
NS
S. SIRI JAGAN, J.
W.P.(C) No.38298 of 2007
Dated this the 16th day of December, 2011
JUDGMENT
The petitioner is a legal heir of a defaulter in repayment of loan amounts due from the defaulter to the 3rd respondent Co-operative bank. The bank brought the property mortgaged to
sale, which sale is under challenge in this writ petition.
learned counsel for the bank submits that subsequently the loan amount has been paid and the property has been returned to the
owner.
In the above circumstances, recording the same, this writ petition is closed.
S. SIRI JAGAN, JUDGE
acd
M.P.THEANKAMMA
THE REGISTRAR(GENERAL), KOTTAYAM
SPECIAL SALE OFFICER, THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
