Thsanim P.Z vs The Branch Manager
2023 Latest Caselaw 11264 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                     WP(C) NO. 25440 OF 2023
        AGAINST THE ORDER/JUDGMENT MC 370/2023 OF CHIEF
                   JUDL.MAGISTRATE, ERNAKULAM
PETITIONER:

          THSANIM P.Z.,
          AGED 38 YEARS, W/O.THE LATE.SHALITH SHAM,
          HOUSE NO.14/1570 B, OLD POST OFFICE ROAD,
          NEAR ST.JOSEPH CHURCH, CHULLIKKAL, THOPPUMPADY,
          COCHIN, ERNAKULAM, PIN - 682 005.

          BY ADVS.
               S.ABHILASH
               K.SIJU
               ANJANA KANNATH


RESPONDENTS:

    1     THE BRANCH MANAGER,
          BAJAJ HOUSING FINANCE LTD.,
          CEREBRUM IT PARK B2 BUILDING, 5TH FLOOR, KALYANI
          NAGAR, PUNE, MAHARASHTRA-411014,
          HAVING BRANCH OFFICE AT 2ND FLOOR,
          PUKALAKAT CITY CENTRE, SIVADAS TOWER,
          NEAR ALAPATT REGENCY, M.K.K NAIR ROAD,
          PALARIVATTOM, COCHIN, PIN - 682 025.

    2     THE AUTHORIZED OFFICER
          BAJAJ HOUSING FINANCE LTD.,
          BRANCH OFFICE AT 2ND FLOOR,
          PUKALAKAT CITY CENTRE, SIVADAS TOWER,
          NEAR ALAPATT REGENCY, M.K.K NAIR ROAD,
          PALARIVATTOM, COCHIN, PIN - 682 025.

          BY ADV
               PRADEESH CHACKO

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.25440 of 2023
                                  :2:



                                JUDGMENT

Dated this the 27th day of October, 2023

The writ petition has been filed by the petitioner seeking

to command the respondents to keep in abeyance all proceedings

initiated pursuant to Exts.P6 and P7 till the disposal of Ext.P2

pending before the District Court, Ernakulam.

2. Sri. Pradeesh Chacko, Standing Counsel, entered

appearance on behalf of the 1st respondent and submitted that the

respondents are proposing to recall Ext.P5 notice and take action

only after impleading all the legal heirs.

3. In view of the statement so made on behalf of the

1st respondent, I do not deem it necessary to pass any further

orders in this writ petition.

The writ petition is disposed of recording the

submission made on behalf of the 1st respondent. Needless to say

any proceedings pursuant to Exts.P5 and P7 will be now subject to

the fresh notice to be issued.

Sd/-

N. NAGARESH AMR JUDGE W.P.(C) No.25440 of 2023

APPENDIX OF WP(C) 25440/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, TALUK OFFICE, KOCHI DATED 12.1.2023.

Exhibit P2 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS OP (GUARDIAN)NO.297/2022 DATED 4.11.2022.

Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE MOTHER-IN-LAW OF THE PETITIONER TO O.P(GUARDIAN)NO.297/2022 DATED 23.2.2023.

Exhibit P4 A TRUE COPY OF THE AGREEMENT FOR SALE ENTERED ON 19.7.2023.

Exhibit P5 A TRUE COPY OF THE POSSESSION NOTICE DATED 20.12.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P6 A TRUE COPY OF M.C NO.370/2023 CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM FILED BY THE 2ND RESPONDENT WHICH IS NOW PENDING BEFORE THE SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE (MPS/MLAS) ERNAKULAM DATED 28.2.2023.

Exhibit P7 A TRUE COPY OF THE NOTICE DATED 2.6.2023 ISSUED TO THE PETITIONER.