IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 6627 OF 2022
PETITIONER:
FEMI FRANCIS
AGED 29 YEARS
PUDUPARAMBIL HOUSE, PUDUKKAD P.O, PARUPPAKARA,
NANDIKARA, THRISSUR DISTRICT., PIN - 680301
BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
ANU JACOB
RESPONDENTS:
1 INDIAN BANK
ZONAL OFFICE, GROUND FLOOR, WEST NADAKKAVU, KOZHIKODE
DISTRICT, PIN-673011, REPRESENTED BY ITS AUTHORISED
OFFICER., PIN - 673011
2 THE BRANCH MANAGER, INDIAN BANK
VADAKKENCHERRY BRANCH, SARA COMPLEX, MAIN ROAD,
OPPOSITE PANCHAYATH BUS STAND, VADAKKENCHERRY P.O,
PALAKKAD DISTRICT., PIN - 678683
3 KUNJAMMA ABRAHAM
KEERIKATTE HOUSE, VADAKKENCHERRY P.O, PALAKKAD
DISTRICT., PIN - 678683
BY ADVS.
SRI.S.EASWARAN, SC, INDIAN BANK
S.EASWARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.6627/2022 -2-
JUDGMENT
When this matter is taken up for consideration today, the learned counsel for the petitioner states that the petitioner is willing to pay entire outstanding amounting to Rs.7,69,000/- together with any accrued interest and costs in 10 equal monthly installments commencing from 30-07-2022. It is submitted that on closure of the loan, the documents relating to the mortgaged property may be directed to be released to the petitioner, who is the widow of the original borrower. It is submitted that the parties are governed by the Indian Succession Act and no other relative of the deceased husband of the petitioner has any right over the property. The learned standing counsel appearing for the respondent bank submitted that on the entire loan being closed the documents can be released to the petitioner if this court directs so. The 3 rd respondent in this writ petition is the mother of the deceased husband of the petitioner. Despite service of notice there is no appearance for the 3rd respondent.
2. Taking note of the aforesaid facts into consideration, this writ petition is disposed of directing that if the petitioner remits a sum of Rs.7,69,000/- together with any accrued interest and costs in 10 equal monthly installments commencing from 30-07-2022 the documents relating to the mortgage properties belonging to the late husband of the petitioner shall be released to her. The first installment shall be paid on 30-07-2022 and the subsequent installments shall be paid on or before last working day of the succeeding month. I make it clear that I have not adjudicated any inter se dispute between the petitioner and the 3rd respondent.
Sd/-
GOPINATH P.
JUDGE AMG W.P (C) No.6627/2022 -3- APPENDIX OF WP(C) 6627/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE DEATH CERTIFICATE DATED 04.03.2020 OF THE PETITIONER'S HUSBAND LATE VINOD PAUL.
Exhibit-P2 A TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 06.12.2021 ISSUED BY THE FIRST RESPONDENT BANK.
Exhibit-P3 A TRUE COPY OF THE NOTICE DATED 17.11.2021 UNDER SECTION 13 (2) OF THE SARFAESI ACT.
Exhibit-P4 A TRUE COPY OF THE SALE NOTICE DATED 22.02.2022 ISSUED BY THE FIRST RESPONDENT.