The Kerala High Court dismissed a writ petition filed by the wife of a deceased borrower against the auction of a mortgaged property. The Court held the petitioner lacked standing as she was not the owner of the mortgaged property.
The writ petition seeking to quash the sale notice and auction proceedings was dismissed.
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 HARUN-UL-RASHID
MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934
WP(C).No. 30537 of 2008 (I)
PETITIONER(S):
PUSHPA,W/O.LATE JACOB BASIL, AGED 31, AZHIYAKATHU, KATTOOR P.O. ALAPPUZHA.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW
RESPONDENT(S):
1. STATE OF KERALA, REP BY IT REGISTRAR
2. ALLEPPEY CARD BANK LTD.,NO.A-94,
3. SPECIAL SALE OFFICER CARD BANK LTD., NO.A94, ALAPPUZHA.
*ADDL.R4 IMPLEADED
*R4: T.M.MATHEW,S/O.LATE PHILIPOSE MATHAI, AGED 63 YEARS, RESIDING AT THARAYIL HOUSE, KALAVOOR.P.O., MANNAMCHERI VILLAGE, ALAPPUZHA DISTRICT.
*IS IMPLEADED AS ADDL 4TH RESPONDENT AS PER ORDER DATED 5/10/2010 IN I.A.NO.13665/2010.
R1 BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN R2BY ADV. SRI.ASP.KURUP ADDL.R4 BY ADV. SRI.K.N.VENUGOPALA PANICKER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.30537/2008
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/
P.A.TO.JUDGE
sts
HARUN-UL-RASHID, J.
W.P.(C).No.30537 Of 2008
Dated this the 3rd day of December, 2012.
J U D G M E N T
The writ petition is filed seeking to quash Ext.P1 sale notice and the consequent auction of the properties comprised in R.S.Nos.168/11 & 169/5 of Kalavoor Village and for other reliefs.
stated that a housing loan of Rs.2 Lakhs was availed by A.J.Pious, the father-in-law of the petitioner during 1996-97, that the repayment period was for 10 years that the amount was secured by mortgaging an immovable property having an extent of 64.857cents comprised in R.S.Nos.168/11 & 169/5 of Kalavoor Village. The borrower defaulted payments. It is submitted that during 1999-2000, bank sanctioned and disbursed another loan of Rs.1 Lakh to Jacob Baisal, S/o.A.J.Pious, on the security of the same property. Since the borrower of both loan defaulted repayment, bank conducted auction of the property of 10 cents out of 64.857 cents. In the said auction, the additional 4th respondent bid in auction the same for Rs.4,21,200/-. The
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W.P.(C).No. 30537 Of 2008
auction purchaser remitted 15% of the amount on the same day and balance 85% on 26.9.2008.
other forum seeking to set aside the sale of the property. The petitioner herein is not the owner of the property which was
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W.P.(C).No. 30537 Of 2008
mortgaged to the bank and later sold in the auction proceedings. The petitioner has no right to challenge the auction proceedings initiated by the bank for sale of the property belonging to Sri.A.J.Pious for realising the amount due from the borrowers.
The writ petition is filed without any bonafides and it is devoid of any merit. Accordingly, the writ petition is dismissed.
HARUN-UL-RASHID, Judge.
bkn/-
1 issue framed by the court
Whether the petitioner, being the daughter-in-law of the mortgagor and not an owner of the mortgaged property, has locus standi to challenge the auction sale proceedings.
Pushpa, W/O.Late Jacob Basil
State of Kerala
Alleppey Card Bank Ltd.
T.M.Mathew
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
