Rashmitha Kumari vs Gruham Housing Finance Limited
2024 Latest Caselaw 26971 Ker

Kerala High Court

Rashmitha Kumari vs Gruham Housing Finance Limited on 6 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) NO. 25958 OF 2024

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                                              2024:KER:68152
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

 FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                   WP(C) NO. 25958 OF 2024

PETITIONERS:

    1     RASHMITHA KUMARI
          AGED 36 YEARS
          W/O JAGADEESH PRATHAP NAGAR, DEEKSHA NIVAS,
          PRATHAPNAGAR, MANGALPADY VILLAGE, KASARAGODE
          TALUK, KASARAGOD DISTRICT, PIN - 671324

    2     JAGADEESH PRATHAP NAGAR
          AGED 43 YEARS
          S/O SHUBBA POOJARY, 5-71/14 S R NIVAS, GOKAMA
          ROAD, NIDDEL MAROLI, MANGALORE, DAKSHINA KANNADA,
          KARNATAKA,, PIN - 575005


          BY ADVS.
          DEEPAK RAJ
          GOUTHAMI




RESPONDENTS:

    1     GRUHAM HOUSING FINANCE LIMITED
          FORMERLY KNOWN AS POONEWALIA HOUSING FINANCE
          LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER,
          602,6TH FLOOR, ZERO ONE IT PARK, SURVEY NO. 79/1,
          GHORPADI, MUNHAWA ROAD, MAHARASHTRA, PIN - 411036

    2     THE AUTHORIZED OFFICER
          MR SUBHASH MARADANNAVAR, AGED 43 YEARS, S/O
          SIVAPUTRAPPA, R/O SIRIGOWRI COMPLEX, 1ST FLOOR,
          NO.1245,8TH CROSS, BEHIND RAGHAVENDRA TEMPLE,
          KENGERI UPANAGARA, BENGALURU, KARNATAKA, PIN -
          560060
 WP(C) NO. 25958 OF 2024

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                                                    2024:KER:68152
            BY ADVS.
            RENJITH.R NAIR
            ANJU MOHAN(K/916-D/2000)



     THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   06.09.2024,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 25958 OF 2024

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                                                                  2024:KER:68152
                                   JUDGMENT

The present Writ Petition has been filed for the following

prayers:

"i) Call for the records pursuant to issuance of Exhibit P1, notice and Ext.2 and Ext.P3 order passed by the Hon'ble Chief Judicial Magistrate Court, Kasaragod and quash the same without any delay.

ii)Issue a writ of mandamus or such other writ order or direction directing the respondents to permit the petitioners to remit the existing due amounts in 24 easy monthly instalments.

(iii). Issue such other writ or direction which this Hon'ble court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.

(iv). To dispense with the translation of the documents produced in the vernacular language."

2. This Court granted indulgence to the petitioner vide interim

order dated 19.08.2024. However, the petitioner has not complied

with the aforesaid interim order in as much as the petitioner has not

been paid Rs.5 lakhs as directed by this Court.

In view thereof, this Court have no justification to keep this

writ petition pending on the files of this Court and therefore, this Writ

Petition is dismissed leaving it open to the petitioner to recourse to

any other remedy as may be advised under the law.

Sd/-DINESH KUMAR SINGH JUDGE lsn WP(C) NO. 25958 OF 2024

2024:KER:68152 APPENDIX OF WP(C) 25958/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 21.06.2024 ISSUED BY THE 1STRESPONDENT

Exhibit P2 A TRUE COPY OF THE ORDER DATED 24.05.2024 IN CMP. NO. 1901/2024 PASSED BY THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD

Exhibit P3 A TRUE COPY OF THE ORDER DATED 15.06.2024 IN CMP NO. 1091/2024 PASSED BY THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN