On admission, the court held that the interim direction in WP(C) No. 1705 of 2023 was not complied with. Consequently, the writ petition was dismissed without prejudice to the petitioner's substantive claim.
Writ petition dismissed without prejudice to the petitioner's right to contest the claim in appropriate proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 1705 OF 2023
PETITIONER:
1SARANYA KRISHNAN
AGED 34 YEARS
W/O (LATE) KAILAS NATH K. NAIR, PULARI, TC 9/2076(1),
SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN 695010, REPRESENTED
BY POWER OF ATTORNEY HOLDER, RADHAKRISHNAN P., AGED 69, S/O
PARAMESWARAN PILLAI, KRISHNAS, MELAMCODE, PAZHAKUTTY,
NEDUMANGADU, KARIPUR, THIRUVANANTHAPURAM,, PIN - 695541
BY ADV M.DINESH
RESPONDENTS:
1 AUTHORIZED OFFICER, IDBI BANK LIMITED RETAIL ASSET CENTRE, PANAMPILLY NAGAR, KOCHI,, PIN - 6820362 MANAGER, IDBI BANK LIMITED VAZHUTHACAUD BRANCH, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM,, PIN - 695014BY ADV KIRAN M.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.1705 of 2023
2
T.R. RAVI, J.
------------------------------------
W.P.(C.) No.1705 of 2023
------------------------------------
Dated this the 01st day of March, 2023
JUDGMENT
When the case is taken up today, it is submitted by the counsel that the interim direction has not been complied with. No further orders can be issued in this writ petition.
The writ petition is dismissed, without prejudice to the right of the petitioner to contest the claim of the respondents in appropriate proceedings.
Sd/-
T.R.RAVI
JUDGE
SKP/01-03
WPC No.1705 of 2023
3
APPENDIX OF WP(C) 1705/2023
PETITIONER’S EXHIBITS:
EXHIBIT P1TRUE COPY OF THE POSSESSION NOTICE DATED
3.10.2022 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2TRUE COPY OF THE NOTICE OF SALE OF IMMOVABLE
PROPERTY ISSUED BY THE RESPONDENT BANK DATED
10.11.2022
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1Saranya Krishnan
Authorized Officer, IDBI Bank Limited Retail Asset Centre, Panampilly Nagar, Kochi
Manager, IDBI Bank Limited Vazhuthacaud Branch, Vazhuthacaud P.O., Thiruvananthapuram
T.R. Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court