C.Joseph Varghese vs State Bank Of India
2021 Latest Caselaw 22605 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

         FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943

                             WP(C) NO. 22433 OF 2021

PETITIONER:

               C.JOSEPH VARGHESE
               S/O. VARGHESE, THETTAYIL HOUSE,
               THEKKADY KARA, KUMILY VILLAGE,
               PEERUMEDU TALUK, IDUKKI DISTRICT-685509.

               BY ADV MADHU RADHAKRISHNAN


RESPONDENTS:

     1         The STATE BANK OF INDIA
               (FORMERLY STATE BANK OF TRAVANCORE),
               KUMILY BRANCH, P.B.NO.1, ROSAPOOKANDAM ROAD, KUMILY P.O.,
               IDUKKI DISTRICT, PIN-685509, REPRESENTED BY BRANCH MANAGER.

     2         T.T.THOMAS,
               S/O.THOMMAS, THEKEKKUTTU HOUSE,
               ATTAPPALLAM, KUMILY VILLAGE,
               PEERUMEDU TALUK, IDUKKI DISTRICT, PIN-685509.

     3         JOBISH THOMAS,
               S/O.THOMAS, THEKEKKUTTU HOUSE,
               ATTAPPALLAM, KUMILY VILLAGE,
               PEERUMEDU TALUK, IDUKKI DISTRICT, PIN-685509.

     4         K.J.KURIAKOSE,
               KATHALIPARAMBIL HOUSE, ATTAPPALLOM KARA,
               KUMILY VILLAGE, PEERUMEDU TALUK,
               IDUKKI DISTRICT, PIN-685509.

               BY ADVS.
               K.K.CHANDRAN PILLAI (SR.)
               S.AMBILY



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22433 OF 2021
                                         2



                             BECHU KURIAN THOMAS, J
                        ==========================
                           W.P.(C) No.22433 of 2021
                         ---------------------------------------
                   Dated this the 19 th day of November, 2021

                                   JUDGMENT

Petitioner challenges Ext.P2 possession notice as well as

Ext.P3 sale notice issued by the 1 st respondent.

2. The borrower and the guarantor of a loan account had

created security over the property. Ext.P1 is the title deed

over which the mortgage was created in favour of the 1 st

respondent. During the existance of the mortgage, petitioner

alleges to have purchased the property along with the 4 th

respondent. Petitioner claims to be a bona fide purchaser.

However, after the purchase, petitioner became aware about

Exts.P2 and P3 possession notice as well as the sale notice.

It is also submitted that, in the meantime, physical

possession of the property was also taken over by the 1 st

respondent on 11.01.2017.

3. The grievance of the petitioner is that, though he had

purchased the property; since it is mortgaged with the 1 st

respondent, they are proceeding against the property and the

ultimate loser will not be the borrower or the guarantor, but WP(C) NO. 22433 OF 2021

the petitioner himself. Since the circumstances arising in the

case are as above, petitioner has offered to clear the

liabilities due to the 1 st respondent, for which, security

interest was created over Ext.P1 property.

4. When this writ petition came up for admission, notice was

issued to respondents 2 to 4; who have now entered

appearance through counsel. Respondents have submitted

that they have no objection in the petitioner clearing the

liability of 2 nd and 3 rd respondents and have also expressed

their consent to release the documents of title of Ext.P1

property to the petitioner, if the amounts are cleared by the

petitioner.

5. The learned Senior counsel for the 1 st respondent,

Sri.K.K.Chandran Pillai, submits that if the mortgagor of the

property has no objection in releasing the title deeds to the

petitioner, on clearing the entire liability in a time bound

manner, the Bank is willing to handover the title deeds to

petitioner.

6. In view of the above, the writ petition is disposed of with

the following directions;

i. Petitioner shall clear the entire loan liability WP(C) NO. 22433 OF 2021

which is quantified as Rs.12,92,745/- as on

31.10.2021, on or before 28.02.2022.

ii. out of the aforesaid instalments, 50% of the

sum mentioned shall be paid on or before

31.12.2021 and the balance shall be paid in two

equated monthly instalments.

iii. If the entire liability is cleared as directed

above, the 1 st respondent shall release the title

deed of the property covered by the original of

Ext.P1 and all other documents of title including

the prior title deeds of the said property, to the

petitioner, without any objection and restore the

possession of the petitioner over the property.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE

AMV/20/11//2021 WP(C) NO. 22433 OF 2021

APPENDIX OF WP(C) 22433/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3056/2008 DATED 10.9.2008 OF THE PEERUMEDU S.R.O.

EXHIBIT P2 TRUE COPY OF POSSESSION NOTICE DATED 17.1.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE E-SALE NOTICE DATED 7.6.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF PLAINT O.S.NO.8/2017 FILED BEFORE THE MUNSIFF COURT PEERUMEDU DATED 9.1.2017.

EXHIBIT P5 TRUE COPY OF THE PRIVATE COMPLAINT DATED 29.6.2017 CMP NO.2341/2017 BEFORE THE JFCM-II, PEERUMEDU.

EXHIBIT P6 TRUE COPY OF THE FIR NO.504/2017 REGISTERED BEFORE THE KUMILY POLICE STATION.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 11.7.2017 PASSED BY THE HON'BLE HIGH COURT IN WPC NO.22060/2017.

EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 16.1.2019 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE