The High Court dismissed a review petition filed against a judgment confirming sale and possession in a bank recovery matter. The bench found no grounds to interfere with the order rejecting the petitioner's claim that actual possession was not taken.
The review petition is dismissed as no grounds are made out to warrant review of the judgment.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 1ST DAY OF MARCH 2016/11TH PHALGUNA, 1937
RP.No. 169 of 2016 (F) IN WP(C).28455/2015 -------------------------------------------AGAINST THE JUDGMENT IN WP(C) 28455/2015 DATED 18-02-2016
REVIEW PETITIONER(S)/6TH RESPONDENT IN THE WP :-
DR REMJITH G.S., HOUSE No.550/PP, SAROJAM, PRASUVAKKAL P.O., THIRUVANANTHAPURAM - 695 508.
BY ADVS.SRI.DEVAN RAMACHANDRAN (SR.) SRI.V.K.PEERMOHAMED KHAN SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.ADARSH KUMAR
RESPONDENT(S)/PETITIONER IN THE WP AND RESPONDENTS 1 TO 5 IN THE WP :-
1. MANIKANTHAN KRISHNAN NAIR, S/O.KRISHNAN NAIR, B-703, PANCHARATNA CO-OPERATIVE HOUSING SOCIETY, DR.S.RADHAKRISHNAN ROAD, ANDHERI EAST, MUMBAI - 400 069.
2. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. THE CIRCLE INSPECTOR OF POLICE, PARASSALA POLICE STATION, PARASSALA P.O., THIRUVANANTHAPURAM DISTRICT - 695 502.
4. THE SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, PARASSALA P.O., THIRUVANANTHAPURAM DISTRICT - 695 502.
RP.No. 169 of 2016
5. THE STATE BANK OF TRAVANCORE, REPRESENTED BY ITS BRANCH MANAGER, KESAVADASAPURAM BRANCH, THIRUVANANTHAPURAM - 695 001.
6. THE AUTHORISED OFFICER, THE STATE BANK OF TRAVANCORE, STRESSED ASSETS, RESOLUTION CENTRE, SECOND FLOOR, CHANDRASEKARAN NAIR STADIUM, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.
R1 BY SRI.BINOY VASUDEVAN
R2 TO R4 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS R5 & R6 BY SRI.JAWAHAR JOSE, SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :-
jvt
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
--------------------------------------R.P. No.169 of 2016 in W.P.(C) No.28455 of 2015
---------------------------------------Dated this the 1st day of March 2016
O R D E R
Shaffique, J.
This review petition has been filed seeking to review the judgment dated 18.2.2016 in W.P.(C) No.28455 of 2015. We have already held based on records that the sale was confirmed on 7.8.2015. The possession of the premises was taken by the Bank on 10.9.2014 and the Bank had handed over the possession of the property to the auction purchaser on 20.8.2015.
R.P. No.169 of 2016 in W.P.(C) No.28455 of 2015
No grounds are made out to warrant review of the
judgment. Hence, the review petition is dismissed.
Sd/ASHOK BHUSHAN
CHIEF JUSTICE
Sd/A.M. SHAFFIQUE
J UDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/1.3.2016.
1 issue framed by the court
Whether any valid grounds exist to warrant a review of the judgment in W.P.(C) No.28455 of 2015.
Dr Remjith G.S.
Manikanthan Krishnan Nair
State of Kerala
Circle Inspector of Police
Sub Inspector of Police
State Bank of Travancore
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
