Kerala High Court

WP(C)/43461/2024 of G.SASIDHARAN, Vs BANK OF BARODA, on 8 April 2025

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 43461 OF 2024 PETITIONER: G.SASIDHARAN, AGED 69 YEARS, S/O. GOPALAN, PUNNOR KIZHAKKATHIL HOUSE, CHEPPAD, ALAPPUZHA, PIN – 690507. BY ADVS.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

WP(C) NO. 43461 OF 2024

PETITIONER:

G.SASIDHARAN,

AGED 69 YEARS,

S/O. GOPALAN, PUNNOR KIZHAKKATHIL HOUSE, CHEPPAD, ALAPPUZHA, PIN – 690507.

BY ADVS.

SADCHITH.P.KURUP

C.P.ANIL RAJ

SIVA SURESH

B.SREEDEVI

ATHIRA VIJAYAN

SWATHI KRISHNA P.H.

RESPONDENTS:

BANK OF BARODA,

KARUNAGAPALLY BRANCH, BHAVNANI TRADE CENTRE, KARUNAGAPALLY, REP. BY ITS BRANCH MANAGER, PIN – 690518.

JAGANATHAN P.,

S/O.VELAYUTHAN, ROHINI NIVAS, CHEPPAD,

ALAPPUZHA, PIN – 690507.

BY ADVS.

S.K. SAJI

MAYAMOL T.S.(K/1727/2001)

G.R.MANJU(K/2072/1999)

SRI.K.ANAND, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioner is a third party to the loan transaction between the Bank and the 2nd respondent. He has approached this Court being aggrieved by the fact that the 1st respondent Bank is proceeding against the property of the 2nd respondent. According to the petitioner, any action by the 1st respondent Bank against the property of the 2nd respondent will cause serious prejudice to certain claims made by the petitioner against the 2nd respondent.

3. WP(C)No.13113 of 2025 filed by the 2nd respondent has been disposed of today (08.04.2025) permitting the 2nd respondent to pay off the overdue amount to the 1st respondent Bank in some instalments. In the light of the above, nothing further survives for consideration in this writ petition and it is accordingly closed.

Sd/- GOPINATH P. JUDGE DK

APPENDIX OF WP(C) 43461/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DECREE IN OS 38/2023 ALONG WITH MEDIATION AGREEMENT DATED 01.08.2024 Exhibit P2 A TRUE COPY OF THE ORDER IN CMO NO.2873/2024 IN MC NO. 392/2024 DATED 06.07.2024

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