Disposed

M/S.Silpa Rubber Traders v. the Hdfc Bank Ltd.

Kerala HC20 Jan 2016WA/113/2016

Case brief

AI extract

What is this about?

A writ appeal was filed seeking further extension of possession for a residential property. The bench permitted appellants to reside until March 15, 2016, provided they submit an undertaking to vacate by that date, allowing the bank to proceed with the sale without hindrance.

What did the court decide?

Appellants permitted to reside in the residential property until 15.03.2016 subject to submitting an undertaking for vacant possession by that date.

M/S.Silpa Rubber Traders Vs the Hdfc Bank Ltd. — Landlord and Tenant | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937

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WA.No. 113 of 2016 IN WP(C).33418/2015

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APPELLANTS/PETITIONERS :

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M/S.SILPA RUBBER TRADERS

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REPRESENTED BY ITS PROPRIETOR, T.K.SOMAN, S/O.KESAVAN KRISHNANJALY HOUSE, ADAYAMON P.O, VIA THATTATHUMALA PAZHAYAKUNNUMMEL VILLAGE

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THIRUVANANTHAPURAM DISTRICT.

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T.K. SOMAN, S/O.KESAVAN

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KRISHNANJALY HOUSE, ADAYAMON P.O, (VIA) THATTATHUMALA PAZHAYAKUNNUMMEL VILLAGE

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THIRUVANANTHAPURAM DISTRICT.

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PUSHPA KUMARI, W/O.T.K.SOMAN

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KRISHNANJALY HOUSE, ADAYAMON P.O, (VIA) THATTATHUMALA PAZHAYAKUNNUMMEL VILLAGE

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THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.D.KISHORE

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SMT.MINI GOPINATH SMT.MEERA GOPINATH SRI.R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENTS/RESPONDENTS :

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THE HDFC BANK LTD KAMALA MILLS COMPOUND, SENAPATI, BAPAT MARG LOWER PAREL, MUMBAI 400 013

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REPRESENTED BY ITS CHIEF MANAGER (AUTHORISED OFFICER).

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THE HDFC BANK LTD. REPRESENTED BY ITS MANAGER, BRANCH OFFICE NEAR TRANSPORT OFFICE, ATTINGAL - 695 101.

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R1 & R2 BY SRI.T.RAJESH, SC.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

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W.A. No. 113 OF 2016

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- - - - Dated this the 20^th day of January, 2016

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JUDGMENT

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Ashok Bhushan, C.J.

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Heard both the sides. This writ appeal has been filed against the judgment dated 22.12.2015 in W.P.(C) No.33418 of 2015.

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The writ petition was filed by the

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petitioners/appellants seeking a direction not to dispossess them from their residential building pursuant to Ext.P1 notice till 30.04.2016. The learned Single Judge disposed of the writ petition permitting the petitioners to continue in possession of the residential house till 31.01.2016. In this appeal a limited prayer has been made by the appellants that they should be allowed to continue at least till 31.03.2016.

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Learned Standing Counsel for the Bank submits

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that only after handing over the possession, the Bank is able to pursue effectively the proceedings for sale of the property. Learned counsel for the appellants submits that they have

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W.A. No. 113 of 2016

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-:2:-

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already started making alternate arrangements and a reasonable time may be allowed to surrender possession.

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In view of the above we observe that the appellants

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can reside till 15.03.2016 subject to submitting of an undertaking before the Bank that appellants shall handover possession on or before 15.03.2016. If the appellants do not handover vacant possession on or before 15.03.2016, it shall be open for the Bank to take possession. In the mean time the Bank may proceed with the sale without any hindrance from the appellants/petitioners.

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With the above observation the Writ Appeal is

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disposed of.

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Sd/- Ashok Bhushan, Chief Justice.

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Sd/- A.M. Shaffique, Judge.

ttb/20/01

/TRUE COPY/

PA TO JUDGE

W.A. No. 113 of 2016

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M/S.Silpa Rubber Traders v. the Hdfc Bank Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Silpa Rubber Traders v. the Hdfc Bank Ltd.

Case brief

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