Disposed
Sheela v. the Indian Overseas Bank
Kerala HCWP(C)/28143/2013
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF DECEMBER 2021 / 18TH AGRAHAYANA,
1943
WP(C) NO. 28143 OF 2013
PETITIONER/S:
SHEELA ASHIQUE, AGED 67, W/O.LATE ASHIQUE,
'CHIPPI', TC 31-642, KANIMANGALAM PO, THRISSUR
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE INDIAN OVERSEAS BANK PALACE ROAD, REP.BY ITS BRANCH MANAGER, PALACE ROAD, THRISSUR 680 0202 THE AUTHORISED OFFICER INDIAN OVERSEAS BANK, PALACE ROAD,THRISSUR 680 0203 ASHIQ, S/O.LATE ABDUL RAHIM, 6/117, KOORKANCHERY , THRISSUR 680 001.4 RAFEEQ, S/O.LATE ABDUL RAHIM, 6/117, KOORKANCHERY , THRISSUR 680 001.5 MURSHINA, D/O. LATE ABDUL RAHIM, 6/117, KOORKANCHERY , THRISSUR 680 001.6 MUHASINA, D/O.LATE ABDUL RAHIM, 6/117, KOORKANCHERY , THRISSUR 680 001.7 MUBEENA, D/O.LATE ABDUL RAHIM, 6/117, KOORKANCHERY , THRISSUR 680 001.THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 28143 of 2013
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 28143 of 2013
Dated this the 9th day of December, 2021
JUDGMENT
The above writ petition is filed with following prayers:
Muslim. Her marriage was registered under the provisions of
the Special Marriage Act, 1954. According to the petitioner, the
husband of the petitioner Mr.Ashique mortgaged a property to
the 1st respondent and on his death the liability was discharged
W.P.(C). No. 28143 of 2013
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by the petitioner and she made a claim for getting back the original of the documents in question which are retained by the Bank as part of the mortgage. As per Ext.P5, the same is rejected by the Bank, in which it is stated that there are four more legal heirs to the deceased Ashique. Aggrieved by Ext.P5, this writ petition is filed.
and notice was issued to the respondent. The notice was returned with an endorsement “not known”. Even now, no steps are taken to serve notice to respondents 3 to 7. This writ petition is pending before this Court from 2013. According to me, this writ petition need not be retained indefinitely.
Therefore, this writ petition is disposed of in the following manner:
The petitioner will submit a fresh representation
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W.P.(C). No. 28143 of 2013
before the 1st respondent and the 1st respondent will issue notice to the other legal heirs of the deceased Ashique and take a decision in the matter in accordance to law. The petitioner will furnish the address of the other legal heirs of Mr.Ashique, to the 1st respondent along with the representation. The above exercise should be completed by the 1st respondent, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of the fresh representation.
sd/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 28143 of 2013
APPENDIX OF WP(C) 28143/2013
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE CERTIFICATE OF MARRIAGE ISSUED
BY THE MARRIAGE OFFICER, THRISSUR DATED 21/11/84
EXHIBIT P2 COPY OF THE BANK DETAILS OF THE MORTGAGE AT
THE INSTANCE OF LATE ASHIQUE DATED 26/11/07
EXHIBIT P3 COPY OF THE DCEATH CERTIFICATGE ISSUED BY
THE THRISSUR CORPORATION DATED 26/6/08
EXHIBIT P4 COPY OF THE LEGAL HEIRSHIP CERTIFICATE
ISSUED BY THE TAHSILDAR, THRISSUR DATED 29/6/2013
EXHIBIT P5 COPY OF THE COMMUNICATION OF THE FIRST
RESPONDENT DATED 20/8/2013
SHEELA ASHIQUE
THE INDIAN OVERSEAS BANK PALACE ROAD
THE AUTHORISED OFFICER INDIAN OVERSEAS BANK
ASHIQ
RAFEEQ
MURSHINA
P.V.KUNHIKRISHNAN
As recorded by the court registry
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