Petitioners, heirs of a deceased loan borrower, sought release of title deed mortgaged as security after loan closure, facing retention due to minor heirs' interests. Court ordered release upon execution of indemnity bond.
Directive to release title deed upon execution of indemnity bond within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
WP(C).No.2897 OF 2021(J)
PETITIONER:
1 SASIKALA M.B., AGED 43 YEARS
W/O.LATE P.KARUPPAN, PADUMANNIL THODI HOUSE, UTHRAM NRA-126, MANJUMMEL P.O., ERNAKULAM DISTRICT -683501.
2 LAKSHMIPRIYA P.K., AGED 20 YEARS
D/O.LATE P.KARUPPAN, PADUMANNIL THODI HOUSE, UTHRAM NRA-126, MANJUMMEL P.O., ERNAKULAM DISTRICT -683501.
BY ADVS. SRI.JOHN JOSEPH(ROY) SRI.JEFRIN MANUEL
RESPONDENTS:
1 STATE BANK OF INDIA REPRESENTED BY THE ASSISTANT GENERAL MANAGER, RACPCII ERNAKULAM, PANAMPILLY NAGAR, ERNAKULAM-682036.
2 THE BRANCH MANAGER, STATE BANK OF INDIA, ERNAKULAM SOUTH BRANCH, ERNAKULAM, KOCHI-682036.
ADV.SRI. SETHUMADHAVAN,SR.SC. ADV.SMT.PREETHI.P.V,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 10th day of February 2021
The petitioner is the widow of Late P.Karuppan
who had availed a loan from the 2nd respondent Bank furnishing his property as a security. It is
stated that the loan account is closed.
Petitioners and another daughter aged 6 years are the legal heirs of Late Karuppan. It is stated that the title deed is not returned by the Bank even after the account is closed and they are insisting for orders from the guardian of the court.
counsel for the petitioner submits that the
petitioners are not proposing to create any charge over the property. Hence, the petitioners would
WP(C).No.2897 OF 2021(J)
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execute an indemnity bond before the Bank.
Therefore, there shall be a direction to the respondents to release the title deed to the petitioner on execution of an indemnity bond to the effect that the petitioners would not do anything against the interest of the minor child. This shall be done within a period of two weeks.
The writ petition is accordingly disposed of.
Sd/-
P.V.ASHA JUDGE
DM
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APPENDIX
PETITIONERS'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE SRI.KARUPPAN DATE |
DEATH CERTIFICATE OF D 07.11.2019. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE CERTIFICATE OF VI |
RELATIONSHIP LLAGE OFFICER. |
| EXHIBIT P3 | TRUE COPY OF THE DATED 30.04.2020. |
HEIRSHIP CERTIFICATE |
| EXHIBIT P4 | TRUE COPY OF THE SMT.PAPPATHI DATE |
DEATH CERTIFICATE OF D 13.11.2020. |
| EXHIBIT P5 | TRUE COPY OF THE CERTIFICATE LETTE RESPONDENT TO THE 02.11.2020. |
LOAN CLOSURE R ISSUED FROM THE 2ND 1ST RESPONDENT DATED |
| EXHIBIT P6 | TRUE COPY OF THE 14.12.2020. |
RTI APPLICATION DATED |
| EXHIBIT P7 | TRUE COPY OF THE APPLICATION DATED |
REPLY TO RTI 12.01.2021. |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
Sasikala M.B.
Lakshmipriya P.K.
State Bank of India
Branch Manager, State Bank of India
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
