Deepak Dilip vs Kanichukulangara Co-Operative Bank

Kerala High Court

Deepak Dilip vs Kanichukulangara Co-Operative Bank on 21 May, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                   THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
           TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                              WP(C) NO. 31418 OF 2014
PETITIONER:

                  DEEPAK DILIP
                  AGED 28 YEARS
                  S/O. K.R.DILIP KUMAR,
                  AKSHYA NIKUNJAM,
                  KOTTAYAM WEST P.O.,
                  VELLORE - 686 003,
                  KOTTAYAM DISTRICT.

                  BY ADVS.
                     SRI.T.O.XAVIER
                     SMT.V.SETHUKUTTY AMMA


RESPONDENTS:

       1          KANICHUKULANGARA CO-OPERATIVE BANK - 1179
                  OFFICE OF THE CO-OPERATIVE ASSISTANT REGISTRAR
                  (GENERAL OFFICE),
                  CHERTHALA, PIN - 688 524,
                  REPRESENTED BY ITS SPECIAL SALES OFFICER.

       2          KANICHUKULANGARA CO-OPERATIVE BANK - 1179
                  OFFICE OF THE CO-OPERATIVE ASSISTANT REGISTRAR
                  (GENERAL OFFICE),
                  CHERTHALA - 688 524,
                  REPERSENTED BY ITS SECRETARY.

       3          STATE OF KERALA
                  REPRESENTED BY CHIEF SECRETARY,
                  GOVT. SECRETARIAT,
                  TRIVANDRUM - 695 001.

                  BY ADV
                     SMT. ANIMA.M GP


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31418 OF 2014       2

                 M .A. ABDUL HAKHIM, J
                 ------------------
                WP(C) No. 31418 of 2014
                  -----------------
            Dated this the 21st day of May, 2024

                          JUDGMENT

Petitioner has filed this Writ petition challenging Ext.P3 and P3(a) proposing to demarkate the property mortgaged in favour of the 2nd respondent issued by the 1 st respondent in the sale proceedings initiated at the instance of the 2nd respondent.

2. The contention of the petition is that the loan is taken by his father whereas, the property belong to him as per Ext.P2 sale deed. This court admitted the matter and granted stay for a period of two months on a condition of the petitioner depositing Rs.50,000/- within two weeks. Thereafter the interim order was extended from time to time. Though the respondents 1 & 2 were served, they have not entered appearance. It is not clear whether the mortgage in favour of the second respondent by the father of the petitioner was either before or after Ext.P2 Sale deed WP(C) NO. 31418 OF 2014 3 in favour of the petitioner. The petitioner has also a contention that inspite of his legal contentions he needs only breathing time to pay off the liabilities.

In view of the said contention I dispose this writ petition by permitting the petitioner to pay the outstanding amount due to the second respondent from the father of the petitioner in 10 equal monthly installments starting from 15.06.2024. In case the petitioner defaults any of the installments the bank is free to proceed against the property mentioned in Ext.P3 and P3(a).

The writ petition is disposed of.

Sd/-

M .A. ABDUL HAKHIM, JUDGE MSA WP(C) NO. 31418 OF 2014 4 APPENDIX OF WP(C) 31418/2014 PETITIONER EXHIBITS Ext. P1 A TRUE COPY OF THE ORDER OF THE FAMILY COURT, ETTUMANNUR DT. 03.1.11.

Ext. P2 A TRUE COPY OF THE REGISTRATION DEED DOCUMENT NO. 2758/2010 ON 28.7.10 OF SUB REGISTRAR OFFICE AT MARARIKULAM.

Ext. P3&P3(a) A TRUE COPY NOTICES DT. 07.11.14 ISSUED BY THE 1ST RESPONDENT.

Ext. P4 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATES NO. 7659/10 OF MARARIKULAM SUB REGISTRAR OFFICE, DT. 28.12.10.