Kerala High Court
Abraham vs Union Bank Of India on 11 June, 2025
WP(C).No.19699 of 2022 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 11TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947
WP(C) NO. 19669 OF 2022
PETITIONER:
ABRAHAM,
AGED 61 YEARS
S/O THARIAN, LEO BHAVAN, KUREEPPALLY, ALUMOODU
P.O, THRIKKOVILVATTOM VILLAGE, KOLLAM DISTRICT,
PIN -691 577
BY ADV SHRI.A.JANI(KOLLAM)
RESPONDENTS:
1 UNION BANK OF INDIA,
KOLLAM BRANCH, KHISE BUILDING, BEACH ROAD, KOLLAM,
PIN- 691 001, REPRESENTED BY ITS SENIOR MANAGER.
2 THE AUTHORISED OFFICER,
UNION BANK OF INDIA, REGIONAL OFFICE, UNION BANK
BAVAN, POST BOX NO: 307, M.G. ROAD, STATUE,
TRIVANDRUM ,PIN -695 001.
3 R. DHANALEKSHMI,
AGED ABOUT 83 YEARS, PROPRIETRIX, M/S SEEMAATTI
TEXTILES, DHANAM, CURZON ROAD, KOLLAM NOW RESIDING
AT HOUSE NO: 49/762, ARAYACHAM VEEDU, KOTTAMUKKU,
CUTCHERY P.O, KOLLAM, PIN- 691 013
4 R. VEERESH KUMAR,
DHANAM, CURZON ROAD, KOLLAM NOW RESIDING AT HOUSE
NO: 49/762, ARAYACHAM VEEDU, KOTTAMUKKU, CUTCHERY
P.O, KOLLAM, PIN -691 013
5 R. ANANTHKUMAR DHANAM,
CURZON ROAD, KOLLAM ,NOW RESIDING AT HOUSE NO:
49/762, ARAYACHAM VEEDU, KOTTAMUKKU, CUTCHERY P.O,
WP(C).No.19699 of 2022 2
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KOLLAM ,PIN- 691 013
BY ADVS.
SRI.SABU GEORGE
SHRI.P.B.KRISHNAN (SR.)
SRI.P.B.SUBRAMANYAN
SRI.MANU VYASAN PETER
OTHER PRESENT:
GP- ADV.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.19699 of 2022 3
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VIJU ABRAHAM,J
-------------------
WP(C).No.19699 of 2022
---------------------------------
Dated this the 11th day of June, 2025
JUDGMENT
Petitioner has approached this Court seeking
a direction to the respondents to hand over actual
possession of property covered under Ext.P1 and
register Ext.P1 with SRO 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 specific case of the petitioner is
that the petitioner participated in the auction and
the sale price of Rs.6,10,000/- was paid and Ext.P1
sale certificate was issued. Later, on the strength
of the sale certificate petitioner went to the
property, the actual physical possession of the
property and building was found in the possession
of the borrower itself and it was found that the
actual possession was not taken by the respondent
bank. Thereupon, Ext.P2 notice was issued.
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Thereupon, petitioner approached this Court by
filing WP(C) No.20811 of 2016 wherein this Court
taking note of the fact that an appeal has been
filed as SA No.66/2006 before the Debts Recovery
Tribunal, Ernakulam challenging the sale, relegated
the petitioner to approach the DRT to seek for an
early hearing of the matter. Later, the said SA was
dismissed. Challenging Ext.P7 the borrower
approached this Court by filing OP(DRT)
No.122/2018, which was disposed of as per Ext.P9,
whereby relegating the petitioner therein to file
an appeal. Against which an appeal was preferred
as RA No.25/2020 before the DRAT and the same is
pending consideration before the appellate
tribunal. Petitioner also brought to my notice
Ext.P5 communication issued by the District
Collector, Kollam dated 1.3.2008 intimating that
the Manager, Union Bank of India has informed that
there were two typographical errors in their formal
letter in respect of the details of the property
and therefore directed that the further proceedings
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for taking possession of the property to be kept in
abeyance. Based on all these, the case of the
petitioner is that the property covered by Ext.P1
was never taken possession by the bank and still in
the possession of the borrowers and they are not
able to enjoy the fruits of Ext.P1. In the said
circumstance, especially due to the huge delay in
handing over possession of the property the learned
counsel for the petitioner would submit that though
the petitioner has sought for a direction to the
respondents to hand over actual possession of the
property covered by Ext.P1, he is limiting his
prayer for a direction to respondents 1 and 2 to
reimburse a sum of Rs.6,10,000/- received by them
from the petitioner on 18.4.2007 with interest at
the rate of 18% per annum and also compensation to
the tune of Rs.10,00,000/- for the mental agony
suffered by the petitioner. It is a fact that
though the amount was paid as early as on 18.4.2007
being the successive bidder, till date the
possession of the property could not be handed over
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to the petitioner by the respondent bank.
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.
sd/-
VIJU ABRAHAM,
JUDGE
pm
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APPENDIX OF WP(C) 19669/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF SALE CERTIFICATE ISSUED BY
THE 2ND RESPONDENT TO WRIT PETITIONER
DATED 18.4.2007
Exhibit P2 TRUE COPY OF LAWYER'S NOTICE ISSUED BY
WRIT PETITIONER TO RESPONDENTS 1 AND 2
DATED 22.6.2013
Exhibit P3 TRUE OF COPY APPLICATION SUBMITTED BY
WRIT PETITIONER UNDER RIGHT TO
INFORMATION ACT TO THE 1ST RESPONDENT
DATED 12.10.2011
Exhibit P4 TRUE COPY OF THE REPLY SUBMITTED BY THE
RESPONDENTS 1 AND 2 DATED 28.11.2011
Exhibit P5 TRUE COPY OF ORDER OF DISTRICT
COLLECTOR, KOLLAM IN FILE NO: M27087/08
DATED 1.3.2008
Exhibit P6 TRUE COPY OF JUDGEMENT IN W.P (C) NO:
20811 OF 2016 IN PETITION PREFERRED BY
WRIT PETITIONER AGAINST RESPONDENTS 1
AND 2 DATED 20.6.2016
Exhibit P7 TRUE COPY OF ORDER OF THE DEBT RECOVERY
TRIBUNAL -II ERNAKULAM IN T.S.A NO: 10
OF 2016 DATED 2.12.2016
Exhibit P8 TRUE COPY OF JUDGEMENT OF THIS
HONOURABLE COURT IN W.P (C) NO: 5251 OF
2019 DATED 21.2.2019
Exhibit P9 TRUE COPY OF JUDGEMENT OF THIS
HONOURABLE COURT IN O.P (DRT) NO: 122 OF
2018 DATED 13.11.2018
Exhibit P10 TRUE COPY OF COMMON JUDGMENT OF THIS
HONOURABLE COURT IN W.P (C) NO: 9331 OF
2019 AND 11506 OF 2019 DATED 18.12.2019
RESPONDENTS' EXHIBITS
EXHIBIT R3(D) COPY OF THE SALE NOTICE DATED 19-3-2007
EXHIBIT R3(A) COPY OF THE POSSESSION NOTICE DATED 23-
8-2006
EXHIBIT R3(B) COPY OF THE SALE NOTICE DATED 29-8-2006
EXHIBIT R 3(E) COPY OF THE JUDGMENT DATED 7-3-2008 IN
WA 1250 OF 2007 ON THE FILES OF THIS
HONOURABLE COURT
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EXHIBIT R3(F) COPY OF I.A.No 1089 OF 2007 IN SA No 66
OF 2006 ON THE FILES OF DRT ERNAKULAM
EXHIBITR3(G) COPY OF AMENDED SA No 66 OF 2006 ON THE
FILES OF DRT -II ERNAKULAM
EXHIBIT R3(C) COPY OF THE OA No 56 OF 2008(TA 1412 OF
2006) WITHOUT ANNEXURES ON THE FILE OF
DRT-II ERNAKULAM
EXHIBIT R3(H) COPY OF THE JUDGMENT DATED 30-9-2015 IN
OS No 1025 OF 2013 ON THE FILES OF
MUNSIFF COURT KOLLAM
