The High Court of Kerala dismissed a writ petition filed by Thomas Kurian before Syndicate Bank for non-prosecution as the petitioner showed no active interest in the cause of action, despite previous orders to implead his wife.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933
WP(C).No. 876 of 2011(H)
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PETITIONER:
THOMAS KURIAN, A/C.NO.220/35231, THEKKEL HOUSE, KURAVILANGADU P.O.
BY ADV. SRI.P.BABU KUMAR
RESPONDENT: ---------------
SYNDICATE BANK, REP. BY ITS BRANCH MANAGER, KURAVILANGADU BRANCH, KURAVILANGADU P.O. - 686633.
BY ADV. MR. R.S. KALKURA, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON, J.
W.P.(C) No. 876 OF 2011
Dated this the 31st May , 2011
J U D G M E N T
The petitioner has approached this court with the
following prayers.
.”i) a writ of mandamus or any other appropriate writ order or direction to return the document of the petitioner in the bank;
ii) issue any other writ, order or direction this Hon'ble court may deem fit in the nature and circumstances of the case”.
17.01.2011, the following interim order was passed:
“According to Standing Counsel
for the Bank, it is because of the application made by the wife of the petitioner, who has made substantial payments for discharging the liability incurred by the petitioner, mortgaging
2
W.P.(C) No. 876 OF 2011
the property that Bank has not released the title deeds to the petitioner. Now that the dispute is essentially between the husband and wife, the petitioner may implead the wife. Post when moved again.
the petitioner to implead the wife, with whom the actual dispute is in existence, which requirement is still to be acted upon. There is no representation for the petitioner, today. It appears that the petitioner is no more interested in the cause of action projected in the writ petition. Accordingly, the writ petition is dismissed for non prosecution.
P.R. RAMACHANDRA MENON, JUDGE.
lk
Thomas Kurian
Syndicate Bank
P.R. Rama Chandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
