Kerala High Court

Rajan vs Assistant Registrar Of ... on 10 August, 2022

IN THE BEIGE COURT OF KERALA AT SSNARULAM
PRESENT
THR BONQURABLE MR. JUSTICE T.R. RAVE

WEDNESDAY, THE 16° nay OF AUGUST 2022 / LOTR SRAVANA, 1944

WE {C} NO. Sas OF S0is

SELETIONER

JORNSON

AGED 52 YEARS

S/O. JOSEPR, KOPLTARRAROM VERDU, KANUTRACONY,
RUNDARA F.O., ROLLAM DISTRICT.

BY ADV SRI.ANCHAL €. VIJAYAN

RESPONDENTS :

i

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TREE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) ROLLAM, PIN-632 002.

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIBTIES
(GENERAL), ROLLAM, PIN~69i O02.

THE SPERCTAL SALE OFFICER-ILE
ROLLAN DISTRICT CO-OPERATIVE BANE LIMITED,
ROLLAM, PIN-&S1 O01.

RUNDABA PANCHAYAT SERVICE CO-OPERATIVE BANK LIMITED
NO.401, KONDARA P.O, PIN-&51 S01, KOLLAM DISTRICT
REPRESENTED BY ITS SECRETARY .

RATAN
S/O. JOSEPH, KISRARKERRARA PUYTSEN VEEDU, KANUITRACODU,
MULAVANA VILLAGE, PIN-G21 S503, ROLLAM DISTRICT.

 

BY ADVS.

SRI. ARUN BABU

SRI .C . RAJRENDRAN
SMT BS. SREEVIDYA

SMT .MARLE C.RURIAN, SR.GP

THIS WRIT PETITION (CIvitn}) HAVING COME UP FOR ADMISSION ON

LO. O8 2022,

ALONG WITH WRC} S151 /2018, 220288/2011, THE COURT on

TRE SAME DAY DELIVERED THE POLLOWING:
 

REIS) NO. 6479 OF SUS & CONN. CASES

fee

IN TSE HIGR COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR, JUSTICE f.R.RAYT
WEDNESDAY, THe i¢°8 pay oF AUGUST 2O22 / 1OTH SRAVANA, 1944
WEIC) NO. SL52 OF 2012

 

RATAN

AGED 37 YEARS

S/O JOSEPH, ERIESHARKERARBA PUTSEN VEEDU, MULAVANA
VILLAGE, ROLLAM.

BY ADVS.
SRI .R.NIRRID
SERUM BARU

 

i ASSISTANT REGISTRAR OF CO-OPERATIVE SOCTETIES,
NEAR CIVIL STATION, ROLLAM 681 013.

a R.CHITRAJA RUMARY
SENTOR CO-OPERATIVE INSPECTOR, ARBITRATOR, CIRCLE
OFFICE OF CO-OPERATIVE SOCIRTIES, NEAR CIVIL
STATION, KOLLAM «821 013.

3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
REAR CIVIL STATION, ROLLAM ~882 O13.

4 THE SPECIAL SALE OFFICER-IzT
ROLLAM DISTRIC? CO-OBERATIVE BANK LTD,
ROLLAM ~891 G02.

3 JORNSON
AGED ABOUT 45 YEARS
(FATHER'S MAME IS NOT KNOWN TO THE PETITIONER) ,
ROTTATRRAROM VEEDU, EANSTRAMCODE, RUNDARA P.O,
BROLDAM -681 501.
 

Reich Ne.

SATS OF S012 & SONS CASES

ASWATEY

AGED 24 YEARS

D/O. GIRIVARUMARI AMMA, THODIYILASHIKATEU VREDU,
RANRTIRARODE, MULAVANA VILLAGE ~681 501.

RADERRISHNA FILLALT, AGED 60 YEARS
THODIVILAZHIRATRU VEEDU, KANJIRAKODE, MULAVANA
VILLAGE-691 501.

BRUNDABA BANCHAYAT SERVICE CO-OPERATIVE BANK NO. 402
REPRESENTED BY ITS SECRETARY, RUNDARA,
KOLLAM 691 501.

BY ADS .

SRI. ANCBRAL €. VIJAYAN
SRI V.G ARON

SRI OT. R. RAR TROMAR
SRI.S. RRISHNALAL

SMT. MABE C.RURTAN, SR.GP

TRIS WRIT PATITION (CEYTL) BAVING COME UF FOR ADMISSION
ON 10.08.2022, ALONG WITH WRC} 2479/2012 AND CONNECTED CASES,

TRE COUBT ON TRE SAME DAY DELIVERED THE FOLLOWING:
 

REC} NO. Zaire OF Zaire & CONN CASES

IN THE HIGH COURT OF KERALA
PRESENT
SHE HONOURABLE MR. SUSTICE T.R.RAVI
WEDNESDAY, THE 10°78 pAY OF AUGUST 2622 / 19TH SRAVANA, 1944
WRC) NO. 22029 OF 2011

 

PETITIONER :
RAJAN, 8/0 JOSEPE
RISHARRERARA PUTEEN VERDU, MULAVANA VILLAGE ,
KOLLAM .

BY ADDY SRI .R.NIRSER

RESPONDENTS ¢

x ASSISTANT REGISTRAR OF CO-OPRBRATIVE
SOCIETIES, NEAR CIVIL STATION,, ROLLAM-G82 D135.

2 JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, NEAR CIVIL STATION, , ROLLAM-691 013.

Sab

JOHNSON, AGED ABOUT €5 YEARS, (RIS FATEER'S NAME IS
NOT KNOWN TO THE BETITIONER) RODTAITARAROM VEEDQU,,
RAN ITRAMCODE, RUNDARA.P.O., KOLLAM-682 801.

BY ADY SRI.ANCHAL ¢. VIJAYAN
SMT. MABLE C.NURIAN, SR.GP
TRIS WRIT PETITION (CIVIL) BAVING COME UF FOR ADMISSION

OW 16.08.2022, ALONG WITH WEI(C) 2478/2012 AND CONNECTED CASES,
THER COURT ON TRE SAME DAY DELIVERED THE FOLLOWING:
 

Wee MG. SSS GE SOL2 & CONN . CASES
8
TLR. RAVI, J.

SICRE DRT SOT SAE OT BE DOE DDE ADE DDE AE NOE BO NOE OG 99.80 390 199 G0 O90 00 90 00 09 0 OO OR GO OR A OOF OO AS A BND BB

WPCCINos, 2479/2012, GIS1/2012, 22029/2011

Dated this the 10° day of August, 2022

LUDGMENT

A temo bas been fled producing the compromise agreement between the parties. The counsel on either sides submit thet the matter has been settled on the basis of this compromise agreement,

In the above circumstances. these writ pelitions are closed recording the compromise agreement. The compromise agreement will form part of this judgment.

mclf-

VR.RAVI JUDGE

NPR

WRiG} BO.

Exhibit

Eehibit

Rxhibat

BRBLBAY

Bahibit

Reheat

Exhibit

Eenibik

Bx2hibit

Exbibit

BATS OF 2022 6 CONN SASES

B23

BLO

Pil

RAAAARRNAS

APPENDIX. OF WE(C) 2473/2012

PETIVIONER EXRIBITS

TRUE COPY OF TRE EXECIMOION PETITION FILED BY RE BANE IN A.R.C NO.15038/65,.

TRUE COPY OF THE ERECIPRION PETITION FILED BY THE BANK EF AR. RQ. 2320/88.

TRUE COPY OF PRE DEMAND NOTICE IN A.R.C NO. LS803/08 IN B.P.NO. 2206/08.

TRUER COPY OF TRE DEMAND NOTICE IN A.R.O NO.1321/05 IN B.B.NO. 2119/08,

TRUE COPY OF YRE ATRACRMENT NOTICE IN A.B.C. NO. 1803/05 DATED 7.1.2010.

TRUE COPY OF TRE ATRACREMENT NOTICE IN A.B.C. NO.L3LL/O8 DATED 7.1.2010.

TRUS COPY OF TRE AUCTION NOTICE , PUBLISHED BY THE 32D RESPONDENT IN E.A.NO.2119/05.

TRUE COPY oF THE AUCTION NOTICE, PUBLISHED BY THE 23RD RESPONDENT Ix ELA RO. 2306/08.

TRUS COPY OF THE LOCATION SRETCH PREPARED BY TRE VILLAGE OFFICER, MULAVANA .

TRUER COPY OF THE RECEIPT DATED 26.07.2010 TSSVED BY THE «TH RESPONDENT TO THE PETITIONER .

TRUE COPY OF THE AUCTION MARASAR PREPARED BY THE SRD RESPONDENT DATED 26.07.2010.

WE fd UNG.

Exhibit

Rehibit

BL2

PL4

BLS

2 OF SUlZ & CONN. CASES

TRUE COPY OF THE AUCTION DIARY OF THE 38D RESPONDENT DATED 26.07.2016 IN EB.B.NO. 2206/05 AND 2118/05.

TRUE COPY OF THE REPORT OF THE 3kP RESPONDENT TQ THE IST RESPONDENT RATER 28.07.2020.

TRUE COPY OF THE NOTICE IN RESPECT oF PUBLIC AUCTION ISSUED BY THE 3RD RESPONDENT {O THE STH RESPONDENT AND THE PRINCIPAL DEBTOR.

TRUE COPY OF THE RECEIPT DATED 16.08.2016 FOR THE PAYMENT OF RS.2,87,750/- TO THE &fH RESPONDENT? .

TRUE COPY OF TRE ENCUMBRANCE CERTIFICATES OF j%PHE PROPERTY FROM 1.12.1989 DATED 41.6.2001.

TRUE COPY OF TRE ENCUMBRANCE CERTIPICATES OP THE PROPERTY FROM 1.2. 2002 PO 12.8.2010 DATED 13.5 .2019.

WeEiC) BO. 2478 OF 2015 & CONN CASES

jos

APPENOIE OF WPiC) 6153/8012

ERISTIONER' SS _ESRIRETS

EBRBLBIt FL TRUE COPY OF THE STATEMENT DATED 21/2/12 PILED BY TSE IST RESPONDENT ITN WS. (€} NO. 2202872011 .

Exhibit RS fa} & TRUE COPY OF TRE AWARD DATED 16.05.2005 IN ARC NO.1311/2005 AND ARC.

Exhibic RS (b} A TRUER COPY OF TER AWARD DATED 16.65.2005 IN ABC WO. L503 /2005 .

Exhibit RS (o} A PROSE COPY OF THE NOTICE DATED QB-L2-2005 IN E.P NO. 2118 OF 2608.

WRG) 8O. SA7S OF S012 & CONN CASES

PETITIONER'S BSBIBITS

Eehibit Bl TRE TRUE COPY OF THER COPY APPLICATION DATED 27/06/2011 IN ARC 1311/2008.

Rehibit B2 TRE TRUE COPY OF THER COPY APPLICATION DATED 27/06/2011 IN ARC 1503/2008.

Exhibit PS SHE TRUE COPY OF THR REPRESENTATION DATED Le/7/2011 BEFORE THE 2NO RESPONDENT.

RESPONDENTS ' BSS TSITS

ANNESUBE ~ Io & IX TRUE COPIES OF THE AWARD DATED 16.56.2008.

2.6 lae Sefasshoa Ge /

2 . : . v #2 s Teeert ae SR,

rh a BEFORE THE HONELE HIGH COURT OF KERALA pe & ay é 4 Q" W.P(C} 6151/2012

- Petitioner: Rajan

Respondents: Assistant Registrar of cooperative societies and ars i g

MEMO RILED BY THE PETITIONER .

tis humbly submitted that the entire matters of dispute has been . . a . . . PFS AMA At compromised between the parties and the compromise "077" is'

&\ produced herewith .

Dated this the 8% day of August 2022

Ady Arun Babu Counsel for the Petitioner

on devs tay ;

fy RP OS Xe MG 4 Vag <i. ok, Ve BK tetie Ua Ae An on \

Re Poe et,

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, ', y ' i betireoes

BEFORE THE HONBLE HIGH COURT OF KERALA

Petitioner =: Rajan

Respondents: Assistant Registrar of cooperative societies and ars

COMPROMISE &&

Counsels for the Petitioner

Arun BabitK 1240083 4-1218) Advocates

Room Nowe, Kerala High Court Advocates

Assoctition Golden Jubilee Chamber Connex,

Errakulam-682031.

BEFORE THE HONBLE HIGH COURT OF KERALA WLPIC) 8157/2072

Pattioner : Rajan Respondents: Assisiam Registrar of coaperaiive societies and ars Ata REE MENT COMPROMISE. | FILED BY THE PARTIES IN THE ABOVE WRIT PETITION, 1, An extent of 6.67 Ares of property located In Re sy no 473/2 in Black No 16

of Mulavana village belongs to the Petitioner herein . The petitioner had stood as a surety for two loans taken by one Giria Kumari fram the &* respondent- Kundara Panchayath Service Cooperative Bank Lid -No 407 . The loans were for Rs 50,0004 each .

The property was put up for auction by the bank due to default in payment of the said loan .The same was successfully bid by the 5° respondent herein in the said auction. The properly stil remains in the name of the petitioner and no mutation has taken place in the name of the 8° respondent hersin as no deed was executed in his favar by the bank.

Now the parties in this writ pefition has reached a campromise fa sete all disputes in ie following terms.

A- The 5° respondent herein withdraws all claims aver the said 6.67 Ares of property which was put up for auction by the bank and was bid by the him. The S° respandent had already fled a request before the 8" respondent bank to refund Rs 3,135,000) back to him ta which the bank has also consented,

G- The property shall remain wih the petiioner herein as the true owner in possessicn.

C- The 8* respondent had agreed fa settle the entire Habilly of the pvo Inans of the pellianer on receiving the principal amount along with the interest Emited fo fhe princigal arnount , from ihe petitioner along with cost of operation expense of the loan.

D- After the clasure of the said loans the file documents of the property in nassessian of the 8" respandent bank will be given fo the petitioner herein , by releasing the property referred as security

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E~ The S° respandent and the 8" respondent shall for all purpose recognize the ownership and passession of the pefiianer over the above said property .

F- in the above said terms the connected writ petitions- WP( C} 22026/2011 fled by the petiioner herein and WP(C} 2479/2012 filed by the 5° respondent herein are being withdrawn by the respective patitioners

Dated this the 03° day of August 2022

sv es & ~ ~~ Counsel for the 8° Recpandent- Kundara Panchaya 2 Service Cooperative _ Bank No -4014

8 Respondent