Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 9TH DAY OF MAY 2023 / 19TH VAISAKHA, 1945 WP(C) NO. 15321 OF 2023 PETITIONER: AJITHKUMAR AGED 64 YEARS S/O.SIVARAMAN NAIR, KAUSTHUBHAM, AYANIVELIKULANGARA NORTH, S.V MARKET P.O, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690573 BY ADVS. M.AJITH (KARICODE) R.MOHANA BABU RESPONDENTS:
1 THE MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD, PERUMPUZHA BRANCH, SREEKRISHNA BUILDING, ELAMPALLOR VILLAGE, KOLLAM, PIN - 691504 2 SIBINI ANWAR AGED 41 YEARS W/O.ANWAR SHARIEF, SOUDHA MANZIL, THAMARAKULAM, KOLLAM, PIN - 690530 3 SAJEEVE.L AGED 52 YEARS S/O.LEKSHMANAN, KATTAZHIKATHU VEEDU CHANDANATHOPPE P.O, KOTTAMKARA VILLAGE, KOLLAM, PIN - 691004 4 MANIJA SAJEEVE AGED 44 YEARS W/O.SAJEEVE, KATTAZHIKATHU VEEDU, CHANDANATHOPPE P.O, KOTTARAKARA VILLAGE, KOLLAM, PIN - 691004
R1 BY SRI.SALIL NARAYANAN, STANDING COUNSEL FOR KSFE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.15321 OF 2023 2
JUDGMENT
Dated this the 9th day of May, 2023 This Writ Petition (Civil) has been filed under Article 226 of the Constitution of India. The prayer is hereunder: “i. To direct the 1st respondent to receive the dues payable by 4th respondent from petitioner and return the documents offered by 4th respondent for creating mortgage in the light of Ext.P2 sale deed executed by 4 th respondent in favour of petitioner.”
2. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the KSFE, Perumpuzha Branch.
3. It is submitted by the learned counsel for the petitioner
that the petitioner is ready to pay the due amount to the 1 st respondent, payable by the 4th respondent, to discharge the liability upon the property, which was purchased by the petitioner.
4. The learned Standing Counsel for the 1st respondent
would submit that, as on today, Rs.17,09,749/- (Rupees Seventeen WP(C)NO.15321 OF 2023 3 Lakh Nine Thousand Seven Hundred and Forty Nine only), is the amount outstanding and the said amount, if paid, the 1 st respondent has no objection, to receive the same to clear the liability.
5. Therefore, there shall be a direction to the 1st
respondent to receive the amount due as on the date of payment, from the petitioner, within two weeks and discharge the liability upon the property, in accordance with law. It is specifically ordered that if the payment as agreed is not effected within two weeks, the 1st respondent is at liberty to proceed against the property to realise the debt, in accordance with law. The Writ Petition stands disposed of as indicated above. Sd/- A. BADHARUDEEN JUDGE Bb WP(C)NO.15321 OF 2023 4 APPENDIX OF WP(C) 15321/2023 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE CLAIM PETITION FILED BY 1ST RESPONDENT BEFORE PRINCIPAL SUB COURT, KOLLAM DATED 01.3.2022 IN OS.82/2022 Exhibit P2 A TRUE COPY OF SALE DEED NUMBER.1845/2021 EXECUTED BY 4TH RESPONDENT IN FAVOUR OF PETITIONER DATED 29/11/2021 Exhibit P3 A TRUE COPY OF THE ORDER DATED 24.2.2022 PASSED IN IA.1/2021 IN OS.687/2021 OF ADDITIONAL MUNSIFF COURT, KOLLAM Exhibit P4 A TRUE COPY OF THE ATTACHMENT ORDER PASSED BY PRINCIPAL MUNSIFF COURT, KOLLAM IN IA.1/2022 IN OS.82/2022 DATED 03.9.2022 Exhibit P5 A TRUE COPY OF THE PLAINT IN OS.82/2022 FILED BY 2ND RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM DATED 02.9.2022 Exhibit P6 A TRUE COPY OF THE ATTACHMENT PETITION FILED AS IA.1/2022 IN OS.82/2022 OF THE PRINCIPAL SUB COURT, KOLLAM Exhibit P7 A TRUE COPY OF THE PETITION DATED 03.2.2023 FILED BY 2ND RESPONDENT TO IMPLEAD PETITIONER AS 3RD DEFENDANT RESPONDENTS' EXHIBITS NIL //TRUE COPY// PA TO JUDGE