Two writ appeals challenging anRP were closed as the appellants lost locus standi due to the taking over of possession by the Bank and subsequent auction proceedings.
The writ appeals were closed on the ground that nothing survives for consideration following the taking over of possession and auction proceedings.
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. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WA NO. 1549 OF 2023
AGAINST THE ORDER/JUDGMENT RP 823/2023 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 MR. THOMAS JOSEPH ALIAS JOSEPH AGED 65 YEARS S/O.THOMAS, RESIDING AT MANIYAMMACKAL HOUSE, ALLAPPARA. MUNDANKAL P O, PROPRIETRIX OF M/S.P.M.JOSEPH & COMPANY, REPRESENTED BY THE PARTNER MR.THOMAS JOSEPH (ALIAS JOSEPH), KOTTAYAM, PIN - 686574 2 MARYKUTTY JOSE AGED 62 YEARS W/O.THOMAS JOSEPH, RESIDING AT MANIYAMMACKAL HOUSE, ALLAPPARA. MUNDANKAL P O, PROPRIETRIX OF M/S.MARIA TRADING COMPANY, REPRESENTED BY THE PROPRIETOR MARYKUTTY JOSE, KOTTAYAM, PIN - 686574 BY ADV E.A.BIJUMON
RESPONDENT/S:
1 THE AUTHORISED OFFICER THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, 1ST FLOOR, REGENCY SQUARE, COLLECTORATE P O, KOTTAYAM, PIN - 686002 2 THE DY SUPERINTENDENT OF POLICE COLLECTORATE BUILDING, K K ROAD, KOTTAYAM., PIN - 686001 BY ADVS. Ambily S GOVERNMENT PLEADER RUPA R. NAIR(K/001021/2023) RUBAN JOE TONIYO(K/002926/2022) MATHEW JOSEPH BALUMMEL(K/001219/2019) K.K.CHANDRAN PILLAI (SR.)(C-41)
W.A.Nos. 1549 & 1553 of 2023
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OTHER PRESENT:
SR.GP K.P.HARISH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.10.2023, ALONG WITH WA.1553/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos. 1549 & 1553 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 WA NO. 1553 OF 2023
AGAINST THE ORDER/JUDGMENT RP 813/2023 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 MR. THOMAS JOSEPH ALIAS JOSEPH AGED 65 YEARS AGED 65 YEARS, S/O THOMAS, RESIDING AT MANIYAMMACKAL HOUSE ALLAPPARA, MUNDANKAL P O, PROPRIETRIX OF M/S.P.M. JOSEPH & COMPANY REPRESENTED BY THE PARTNER MR. THOMAS JOSEPH (ALIAS JOSEPH) KOTTAYAM., PIN - 686574 2 MARYKUTTY JOSE AGED 62 YEARS W/O THOMAS JOSEPH, RESIDING AT MANIYAMMACKAL HOUSE, ALLAPPARA, MUNDANKAL P.O, PROPRIETRIX OF M/S MARIA TRADING COMPANY, REPRESENTED BY THE PROPRIETOR MARYKUTTY JOSE, KOTTAYAM ., PIN - 686574 BY ADVS. E.A.BIJUMON MALAVIKA MARY THOMAS
RESPONDENT/S:
1 THE SOUTH INDIAN BANK LTD REGIONAL OFFICE, 1ST FLOOR, REGENCY SQUARE, COLLECTORATE P O, KOTTAYAM, PIN: 686002 REPRESENTED BY THE AUTHORIZED OFFICER., PIN -
W.A.Nos. 1549 & 1553 of 2023
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686002 2 THE DY SUPERINTENDENT OF POLICE COLLECTORATE BUILDING, K K ROAD, KOTTAYAM., PIN - 686001 BY ADVS. S.AMBILY RUPA R. NAIR RUBAN JOE TONIYO MATHEW JOSEPH BALUMMEL K.K.CHANDRAN PILLAI (SR.)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.10.2023, ALONG WITH WA.1549/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos. 1549 & 1553 of 2023
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JUDGMENT
Dated this the 27th day of October, 2023
A.J.Desai, C.J.
By way of the present writ appeals filed under Section 5 of the Kerala High Court Act, 1958, the appellants have challenged the order dated 17.08.2023 in RP No.823 of 2023.
of these appeals, the possession of the property was taken over by the respondent Bank and the sale/auction notice has also been published. Further, the sale proceedings have already been challenged before the DRT.
In view of the aforesaid developments,
nothing survives for consideration in these
appeals. Accordingly, the appeals are closed.
Needless to say that, it would be open for
W.A.Nos. 1549 & 1553 of 2023
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the appellants to raise all their contentions
before the DRT.
Sd/-
A.J.Desai Chief Justice
sd/-
V.G.Arun Judge
Scl/
W.A.Nos. 1549 & 1553 of 2023
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APPENDIX OF WA 1549/2023
PETITIONER ANNEXURES Copy of R P TRUE COPY OF THE R P NO. 823 OF 2023 No.823 of 2023. DATED 01.08.2023.
Mr. Thomas Joseph alias Joseph and Marykutty Jose
The South Indian Bank Ltd. and The Dy Superintendent of Police
A.J. Desai
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
