The Court held the pending writ petition filed in 2012 seeking one-time settlement regarding bank loan liability to be infructuous. Petitioners were informed they may re-approach the Court if a subsequent cause of action arose.
None; petition dismissed as infructuous due to pendency since 2012.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938
W.P.(C).No. 24625 of 2012 (C)
PETITIONER(S):
1. O.ABDUL AZEEZ, S/O.AHAMMED KOYA, THOTTUNGARA HOUSE, P.O.KODUVALLY, KOZHIKODE DISTRICT.
2. O.MOIN KUTTY, S/O.AHAMMED KOYA, THOTTUNGARA HOUSE, P.O.KODUVALLY, KOZHIKODE DISTRICT.
BY ADV.SRI.O.D.SIVADAS
RESPONDENT(S):
1. THE KODUVALLY CO-OPERATIVE HOUSING SOCIETY LIMITED NO.D 2299, P.O.KODUVALLY, KOZHIKODE DISTRICT, REPRESENTED BY THE SECRETARY - 673 001.
2. THE SECRETARY,
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE - 673 001.
R1 & R2 BY ADV. SRI.K.A.MANZOOR ALI R3 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bb
A.MUHAMED MUSTAQUE, J.
==============================
W.P.(C) No.24625 of 2012
============================== Dated this, the 20th day of December, 2016.
J U D G M E N T
This writ petition was filed in the year 2012 seeking one time settlement facility to settle the liability due to the Bank under loan account. Considering the fact that this writ petition is pending from 2012 onwards, this Court is of the view that the matter has become infructuous. However, if the petitioners have any cause of action subsequent to the writ petition, they are free to approach this Court again.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Bb/22/12/2016
[True copy]
P.A to Judge
1 issue framed by the court
Whether the writ petition filed in 2012 regarding bank loan liability settlement is infructuous due to pending status.
O.ABDUL AZEEZ
O.MOIN KUTTY
THE KODUVALLY CO-OPERATIVE HOUSING SOCIETY LIMITED
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
