Shiju M.K vs The Irinjalakude Town ...
2023 Latest Caselaw 2014 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 6368 OF 2022
PETITIONERS:

    1       SHIJU M.K
            AGED 54 YEARS
            S/O. KOCHAPPAN, MAPRANATHUKARA HOUSE, KURIYANCHIRA
            P.O., THRISSUR DISTRICT, PIN-680 006

    2       NIMMY
            AGED 45 YEARS
            W/O. SHIJU.M.K., MAPRANATHUKARA HOUSE, KURIYANCHIRA
            P.O., THRISSUR DISTRICT, PIN-680 006

            BY ADVS.
            A.T.ANILKUMAR
            V.SHYLAJA



RESPONDENTS:

    1       THE IRINJALAKUDE TOWN CO-OPERATIVE BANK LTD NO.55
            HEAD OFFICE, IRINJALAKUDA,
            THRISSUR DISTRICT,PIN-680 121,
            REPRESENTED BY ITS MANAGER

    2       THE AUTHORIZED OFFICER,
            IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD NO.55, HEAD
            OFFICE, IRINJALAKUDA, THRISSUR DISTRICT,PIN-680 121

            BY ADV DEVAPRASANTH.P.J.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6368 OF 2022               2


                              T.R. RAVI, J.
               --------------------------------------------
                        W.P.(C).No.6368 of 2022
                --------------------------------------------
                Dated this the 3rd day of February, 2023


                              JUDGMENT

When the case is taken up today, it is submitted that even

though the sale that had been questioned in the writ petition did not

take place subsequently the property was brought to sale on

25.03.2022 and the Bank had purchased the property on auction. It

is submitted that the property has now become a non banking asset

of the Bank.

In the above circumstances, no further orders can be granted in

this writ petition. The writ petition is hence closed with liberty to the

petitioners to approach the Bank for settlement of the issue.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 6368/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE REF NO.SEC/108/6-2021/OD56P DATED 13.12.2021

Exhibit P2 TRUE COPY OF THE PETITIONERS WERE ISSUED THE SALE NOTICE REF NO.SEC/118/1- 2022/OD10856 S BY THE RESPONDENTS DATED 17.01.2022