Kerala High Court
WP(C)/31400/2012 of JAIN BABU Vs MATHEW JACOB on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 31400 of 2012 () -------------------------- PETITIONER(S): ------------- JAIN BABU, S/O.PAILY, AGED 44 YEARS, KUTTIKKAL VEEDU, NJARAKKAL VILLAGE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 31400 of 2012 () -------------------------- PETITIONER(S):------------- JAIN BABU,S/O.PAILY, AGED 44 YEARS,KUTTIKKAL VEEDU, NJARAKKAL VILLAGE,NJARAKKAL P.O,ERNAKULAM, KOCHI.
BY ADV. SMT.C.G.BINDU
RESPONDENT(S):--------------
1.MATHEW JACOB,S/O.VARGHESE, AGED 37 YEARS,MADAYIL PARAMBIL HOUSE,MULLAKKAL P.O,ALAPPUZHA.2.THE STATE BANK OF TRAVANCORE,M.G.ROAD BRANCH,REPRESENTED BY ITS BRANCH MANAGER,M.G.ROAD, ERNAKULAM.
BY ADV.SRI. SATHISH NAINAN, SC, STATE BANK OF TRAVANCORE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1:COPY OF THE TITLE DEED OF THE PETITIONER NO.3295/97 DATED 05/11/1997 OF THE NJARAKKAL SUB REGISTRY.DATED 05/11/1997 OF THE NJARAKKAL SUB REGISTRY.
EXT.P2:COPY OF THE PLAINT IN OP (IND) NO.3/2012 OF SUB COURT,KOCHI.KOCHI.
EXT.P3:COPY OF THE APPLICATION DATED 04/12/2012 SUBMITTED BEFORE THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.BEFORE THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.
EXT.P4:COPY OF THE PROPERTY TAX PAID RECEIPT.
EXT.P5:COPY OF THE CERTIFICATE DATED 16/02/2012 ISSUED BY 2NDRESPONDENT.RESPONDENT.
EXT.P6:COPY OF THE COMPLAINT SUBMITTED BEFORE THE CITY COMMISSIONER OF POLICE, ERNAKULAM BY THE WIFE OF PETITIONER.COMMISSIONER OF POLICE, ERNAKULAM BY THE WIFE OF PETITIONER.
RESPONDENT'S EXHIBITS-NIL
//TRUE COPY//
P.A TO JUDGE
ANTONY DOMINIC, J.
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W.P.(C) NO. 31400 OF 2012
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Dated this the 31[st] day of December, 2012
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J U D G M E N T
Heard the learned counsel for the petitioner and the learnedstanding counsel for the Bank.
2. Petitioner states that the 1[st] respondent fraudulently obtained a sale deed in respect of the property covered by Ext.P1title deed from him and has mortgaged the said property to the2[nd] respondent Bank. It is stated that he defaulted payments tothe Bank and therefore the Bank has initiated SARFAESIproceedings. It is stated that seeking to set aside the sale deedfraudulently obtained from him, he has filed IOP No.3/12 nowpending before the Sub Court, Kochi. It is in the meanwhile he hasfiled this writ petition seeking to set aside the SARFAESIproceedings.
3. On behalf of the Bank, it is submitted that physicalpossession of the mortgaged property was taken over on 8/2/12and that the property was put in auction on 20/11/12. It is alsostated that the sale certificate was issued to the successfulpurchaser on 13/12/12 and the sale deed was registered on 20/12/12. Thus, SARFAESI proceedings initiated against theproperty has culminated with the aforesaid proceedings. If that beso, there is no question of this Court allowing the prayer of thepetitioner to set aside the SARFAESI proceedings.
Therefore, the writ petition is dismissed clarifying that this shall be without prejudice to the right of the petitioner in pursuinghis grievances, if any, against the proceedings initiated againstthe property.
Rp
ANTONY DOMINIC, JUDGE