IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 1371 of 2009(L) ----------------------------------- PETITIONER(S): -------------------- K.A.ABDUL KAREEM,S/O.ALI,ALISHA MAHAL, KIZHAKKEKARA ROAD,THRIKKAKARA.P.O. BY ADV. SRI.SURESH JOSE SRI.P.K.ABDUL RAHIMAN (CHELAKULAM) RESPONDENT(S): ---------------------- THE SYNDICATE BANK,SHANMUGHAM ROAD, ERNAKULAM,REPRESENTED BY ITS MANAGER. ADV. SRI.S.R.DAYANANDA PRABHU FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 1371 OF 2009 (L) ==================== Dated this the 9th day of February, 2009 J U D G M E N T Petitioner is the auction purchaser of a property from the respondent Bank. His case is that the Bank has not so far released the original documents in relation to the said property. 2. On behalf of the Bank, a counter affidavit has been filed, para 4 to 6 reads as under. 4. I state that this respondent filed suit against M/s.Manikoth Synthetic Fibers (P) Ltd, Aroor and other as O.S.No.77/1981 on 28.3.1981 before the Sub court, Alappuzha. Thereafter new Sub Court was formed at Cherthala and consequently the suit was transferred on 20.11.1984 to Sub Court, Cherthala as O.S.No.55/1984. The suit was decreed as per judgment dated 28.8.1987 with charge over the plaint schedule property. Since principal and interest together exceeded Rs.10 lakhs the respondent filed O.A.No.K 38/99 before the Debt Recovery Tribunal on 3.5.1999 for issue of Recovery Certificate. The O.A. was allowed as per order dated 12.11.2001. 5. I state that the original of Ext.P3 pattayam was not taken back from the Court and inspite of best efforts this respondent could not trace the original of Ext.P3. Therefore photocopy of the Ext.P3 available in the file of the respondent was handed over to the petitioner. The respondent has never promised to handover the original of Ext.P3 to the petitioner at the time of sale of the property. WPC 1371/09 :2 : 6. I state that the records would be kept by the trial court only for three years from the date of judgment. I bonafide believe that the original of Ext.P3 was destroyed by the Sub Court, Cherthala. The respondent bank is not in possession of the original of Ext.P3 and therefore the respondent is not in a position to hand over the original of Ext.P3. 3. In view of the above, this Court will not be justified in issuing any direction to the Bank to release the documents as sought for by the petitioner and I leave it open to the petitioner to pursue other remedies. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp