Kerala High Court
R.Anandakrishnan vs Uco Bank on 3 October, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
IA.NO.1/2024 IN WA NO. 215 OF 2024
AGAINST JUDGMENT DATED 10/01/2024 IN WP(C) 8093/2023 OF THIS COURT
APPLICANTS/APPELLANTS:
1. R.ANANDAKRISHNAN, AGED 58 YEARS S/O. RAJAPPAN ACHARI,LEKSHMI NIVAS,
BHATTERIPARAMBU, THIRUVAMPADY P.O., PAZAVEEDU VILLAGE, ALAPPUZHA
DISTRICT, PIN - 673582
2. SRI.C.JAYAKUMAR., S/O.M.N.CHIDAMBARAM, RESIDING AT PRANAVAM,
PARIYARAM MURI, ELATHOOR VILLAGE, PARIYARAM P.O., PATHANAMTHITTA.,
PIN - 689643
RESPONDENTS/RESPONDENTS:
1. UCO BANK, MALLAPUZHASSERY BRANCH, NELLIKALA P.O., PATHANAMTHITTA
689643 REPRESENTED BY ITS MANAGER., PIN - 689643
2. SRI.HILAL., S/O. MOOSA KUNJU,AL ZAMAM, EDAVA, THIRUVANANTHAPURAM.,
PIN - 695310
3. DEBTS RECOVERY TRIBUNAL - II, ERNAKULAM REP. BY ITS RECOVERY
OFFICER, 1ST FLOOR, HOUSING BOARD BUILDING, PANAMPILLY NAGAR,
ERNAKULAM, KOCHI, PIN - 682036
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to restrain the
Respondents from dispossessing the 1st Appellant and his family from his
residential house situated in property having an extent of 2.02 Ares in Re
sy.No.05(Sy.No.600/3B/1) Block No.03, in pazhaveedu Village, Ambalapuzha
Taluk, Alappuzha District) till disposal of the above Writ Appeal.
This Application coming on for orders on 03/10/2024, upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of ADVOCATES M/S. MOHAN JACOB GEORGE, P.V.PARVATHY,
REENA THOMAS, NIGI GEORGE & ANANTHU V.LAL for the Applicants and Standing
Counsel DEEPAK JOY.K for R1, the court on the same day passed the
following:
NITIN JAMDAR, C.J.
&
S.MANU, J.
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I.A.No. 1 of 2024 in Writ Appeal No.215 of 2024
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Dated this the 3rd day of October, 2024
ORDER
NITIN JAMDAR, C.J.
Heard Sri.Mohan Jacob George, learned Counsel appearing for
the Appellant and Sri.Deepak Joy K, learned Standing Counsel
appearing for the Bank.
2. By order dated 13 February 2024 after hearing the learned
counsel, interim relief is already refused as the challenge pertains to the
events of the year 2012. We are also informed that the property was put
to auction, puchased by the auction purchaser whose favour sale
certificate is already issued and registered.
3. Therefore, what we see before us is nothing but one more attempt
on the part of the defaulter to somehow to delay the delivery of
possession. When proceedings have reached such a stage, it is expected
that the defaulter would be fully aware that possession will have to be
handed over and would prepare for it.
4. Post on 15 November 2024.
sd/
NITIN JAMDAR
CHIEF JUSTICE
sd/
S.MANU
JUDGE
jm/
03-10-2024 /True Copy/ Assistant Registrar
