Kerala High Court
R. Dhanalekshmi vs Abraham on 21 August, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.A.No.1560 of 2025 1 2025:KER:63250
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WA NO. 1560 OF 2025
AGAINST THE JUDGMENT DATED 11.06.2025 IN W.P.(C) NO.19669
OF 2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 3 TO 5:
1 R. DHANALEKSHMI, NOW AGED 86 YEARS
PROPRIERIX, M/S.SEEMATTI TEXTILES, DHANAM, CURZON
ROAD, KOLLAM NOW RESIDING AT HOUSE NO.49/762,
ARAYACHAM VEEDU, KOTTAMUKKU, CUTCHERY P.O., KOLLAM,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER THE 3RD
APPELLANT SRI.R. ANANTHAKUMAR, PIN - 691013
2 R. VEERESH KUMAR, AGED 58 YEARS
S/O.RAMACHANDRA REDDIAR. VDHANAM, CURZON ROAD, KOLLAM
NOW RESIDING AT HOUSE NO.49/762, ARAYACHAM VEEDU,
KOTTAMUKKU, CUTCHERY P.O., KOLLAM, PIN - 691013
3 R. ANANTHAKUMAR, AGED 61 YEARS
S/O.RAMACHANDRA REDDIAR. VDHANAM, CURZON ROAD, KOLLAM
NOW RESIDING AT HOUSE NO.49/762, ARAYACHAM VEEDU,
KOTTAMUKKU, CUTCHERY P.O., KOLLAM., PIN - 691013
BY ADVS.
SMT.S.KARTHIKA
SRI.P.MURALEEDHARAN (IRIMPANAM)
SMT.ANJANA M VADHYAR
SHRI.RISHINATH R.
RESPONDENTS/PETITIONER/RESPONDENTS 1 AND 2/ADDITIONAL RESPONDENTS
4 TO 6:
1 ABRAHAM, AGED 61 YEARS (DIED)
SON OF THARIAN, LEO BHAVAN, KUREEPALLY,
ALUMOODU P.O., THRIKKOVILVATTOM VILLAGE,
KOLLAM DISTRICT, PIN - 691577
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2 UNION BANK OF INDIA
KOLLAM BRANCH, KHISE BUILDING, BEACH ROAD, KOLLAM
REPRESENTED BY ITS SENIOR MANAGER, PIN - 691001
3 THE AUTHORISED OFFICER
UNION BANK OF INDIA, REGIONAL OFFICE, UNION BANK
BHAVAN, POST BOX NO,307, M.G. ROAD, STATUE,
TRIVANDRUM, PIN - 695001
*4 ADDL.R4. SALIMOL.K.A.
AGED 60 YEARS, WIFE OF ABRAHAM, RESIDING AT LEO
BHAVANAM, ALUMOODU P.O., CHERIYELACHERRY,
THRIKKOVILVATTOM VILLAGE, KOLLAM DISTRICT - PIN 691577
*5 ADDL.R5: SMT.LIYA MARY,
AGED 37 YEARS, D/O ABRAHMA, RESIDING AT LEO BHAVANAM,
ALUMOODU P.O., CHERIYELACHERRY, THRIKKOVILVATTOM
VILLAGE, KOLLAM DISTRICT , PIN -691577
*6 AADL.R6: ABRAHAM LINTU THARIYAN
AGED 33 YEARS, RESIDING AT LEO BHAVANAM, ALUMOODU
P.O., CHERIYELACHERRY, THRIKKOVILVATTOM VILLAGE,
KOLLAM DISTRICT PIN 691577
(LEGAL HEIRS OF DECEASED 1ST RESPONDENT ARE IMPLEADED
AS ADDL.R4 TO R6 AS PER ORDER DATED 28.07.2025 IN
I.A.NO.2 of 2025 IN W.A.NO.1560 OF 2025)
BY ADVS.
SHRI.ASP.KURUP
SRI.SADCHITH.P.KURUP
SRI.C.P.ANIL RAJ
SHRI.SIVA SURESH
SMT.ATHIRA VIJAYAN
SMT.B.SREEDEVI
SHRI.A.JANI(KOLLAM)
SMT. O.M. SHALINA, DSGI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Anil K. Narendran, J.
This writ appeal filed by the appellants-respondents 3 to 5
arises out of the judgment dated 11.06.2025 of the learned
Single Judge in W.P.(C)No.19669 of 2022, which was one filed by
the 1st respondent herein, who is no more, whose legal
representatives are impleaded as additional respondents 4 to 6,
seeking an order directing the respondents to hand over actual
possession of property covered under Ext.P1 sale certificate and
register Ext.P1 with the Sub Registrar Office, Kollam and hand
over all title deeds and documents in respect of the property to
the writ petitioner within a time limit to be fixed by this Court.
2. The writ petition was disposed of by the judgment
dated 11.06.2025 of the learned Judge. Paragraph No.3 of that
judgment reads thus;
''3. In view of the above facts and circumstances, I am
inclined to dispose of the writ petition as follows:
The respondents 1 and 2 shall reimburse an amount of
Rs.6,10,000/- received from the petitioner on 18.4.2007
with interest at the rate of 8% from 18.4.2007 within a
period of 2 months from the date of receipt of a copy of
the judgment. The request for payment of compensation
for the mental agony is left open to be agitated before an
appropriate forum. It is made clear that after receipt of the
amounts as directed, the petitioner cannot raise any claim
on the basis of Ext.P1.''
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3. In this writ appeal, the appellants have stated that
they have reliable information that the 2 nd respondent Union
Bank of India and the 3rd respondent Authorised Officer are
taking steps to pay the amount in terms of the directions
contained in the judgment of the learned Single Judge to the 1 st
respondent-auction purchaser, from the credit balance of
Rs.86,70,364.73 in the cash credit account in question. Feeling
aggrieved by the judgment dated 11.06.2025 of the learned
Single Judge, the appellants are before this Court in this writ
appeal, invoking the provisions under Section 5(i) of the Kerala
High Court Act, 1958.
4. On 15.07.2025, when this writ appeal came up for
consideration, this Court passed the following order;
"Today, when this writ appeal is taken up for consideration,
the learned counsel for the 1st respondent-writ petitioner
would submit that the said respondent died on 05.05.2025
and he came to know about the death of the writ petitioner
only when made an attempt to contact the party, after the
judgment dated 11.06.2025 of the learned Single Judge in
W.P.(C)No.19699 of 2022. The learned counsel would point
out the judgment of a Division Bench of this Court in
Gopalan K. v. V. Nandini Narayanan and others
[2015 (2) KLT SN 5].''
5. By the order dated 28.07.2025, I.A.No.2 of 2025 filed
by the appellants was allowed and the legal heirs of the
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deceased 1st respondent were impleaded as additional
respondents 4 to 6. By the order in I.A.No.3 of 2025 the writ
appeal was amended, as sought for in that interlocutory
application, by permitting the appellants to raise an additional
ground as 'Ground E'. The appellants have also filed the
amended writ appeal.
6. Today, when this matter is taken up for consideration,
along with I.A.No.4 of 2025, the appellants have placed on
record an affidavit dated 14.08.2025 sworn to by the 3 rd
appellant.
7. Heard the learned counsel for the appellants-
respondents 3 to 5, the learned counsel for additional
respondents 4 to 6, who are the legal representatives of
deceased 1st respondent-auction purchaser, and also the learned
Standing Counsel for Union Bank of India for respondents 2 and
3.
8. During the course of arguments, it is pointed out at
the Bar that, R.P. No.828 of 2025 filed by the 2nd respondent
Bank and the 3rd respondent Authorised Officer, seeking review
of the judgment of the learned Single Judge dated 11.06.2025 in
W.P.(C)No.19669 of 2022, is now pending consideration before
the learned Single Judge.
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Having considered the pleadings and materials on record
and also the submissions made at the Bar, with reference to the
apprehension of the appellants referred to hereinbefore at
paragraph 3, we find no reason to entertain this writ appeal and
the same is accordingly dismissed; however, leaving open the
legal and factual contentions raised by the appellants in this writ
appeal and without prejudice to the right of both sides to raise
any such contentions, before the learned Single Judge, at the
time of consideration of R.P.No.828 of 2025.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
ajt
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PETITIONER ANNEXURES
Annexure A1 A COPY OF THE MEMO IN T.A NO. 1412/2016,
DATED 20TH FEBRUARY,2025
