IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 909 of 2005(G) --------------------------------- PETITIONER: -------------------- PATHUMMA, W/O. SAIDALAVI, PUNCHAKUZHIYIL HOUSE, P.O. PERUTHOOR. BY ADVOCATE MR.M.S.UNNIKRISHNAN RESPONDENTS: ----------------------- 1. SPECIAL SALE OFFICER, ASST.REGISTRAR OF CORPORATION SOCIETIES, OTTAPPALAM. 2. THRITHALA SERVICE CO-OPERATIVE BANK REP. BY ITS SECRETARY, THRITHALA. 3. MOHAMMED, S/O. MAMMED, PAKATH HOUSE, PERUTHOOR. BY ADVOCATE MR.K.P.DANDAPANI, SENIOR ADVOCATE FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 909 of 2005(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE PATTAM SALE DEED DT.7.3.1962, BY WHICH THE PREDECESSOR OF THE PROPERTY GOT THE PROPERTY FROM ONE MOIDEENKUTTY. EXT.P2 - TRUE COPY OF THE SALE DEED NO.2695/2000 EXECUTED BETWEEN MUHAMMED AND PATHUMMA ON 31.7.2000. EXT.P3 - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DT.15.9.1998 FOR THE PERIOD FROM 1992 TO 1998. EXT.P4 - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DT.8.8.2000 FOR THE PERIOD FROM 1988 TO 8.8.2000. EXT.P5 - TRUE COPY OF THE POSSESSION CERTIFICATE DT.9.8.2000 ISSUED BY THE VILLAGE OFFICER, PARATHOOR. EXT.P6 - TRUE COPY OF THE TAX RECEIPT DT. 02.05.2002 ISSUED BY THE VILLAGE OFFICER, PARATHOOR. EXT.P7 - TRUE COPY OF THE PASS BOOK ISSUED BY THE PALLIPURAM SERVICE CO- OPERATIVE LTD. NO. 2532, PATTAMBI. EXT.P8 - TRUE COPY OF THE PATTAYAM DT. 1.2.2001 ISSUED BY THE SPL.TAHSILDAR, LAND TRIBUNAL TO THE PETITIONER. EXT.P9 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS DT. 30.12.2004. EXT.P10 - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 08.08.2000 ISSUED BY THE SUB REGISTRAR OFFICE, PALLIPPURAM. PATTAMBI. EXT.P11 - TRUE COPY OF ENCUMBRANCE CERTIFICATE DATED 23.10.2000 ISSUED BY THE SUB REGISTRAR OFFICE, PALLIPPURAM, PATTAMBI. RESPONDENTS' EXHIBITS: EXT.R2(a) - TRUE COPY OF THE MORTGAGE DEED DATED 6.3.1999 EXECUTED BY THE 3RD RESPONDENT IN FAVOUR OF THE 2ND RESPONDENT. EXT.R2(b) - TRUE COPY OF THE MORTGAGE DEED DATED 4.5.2000 EXECUTED BY SHRI. MOHAMMED, 3RD RESPONDENT IN FAVOUR OF THE 2ND RESPONDENT. EXT.R2(c) - TRUE COPY OF THE ENCUMBRANCE CERTIIFCATE DATED 10.3.1999 ISSUED BY S.R.O., THRITHALA. EXT.R2(d) - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 8.5.2000 ISSUED BY THE S.R.O., THRITHALA. EXT.R2(e) - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 11.1.2005 ISSUED BY THE S.R.O., THRITHALA. EXT.R2(g) - TRUE COPY OF THE POSTAL RECEIPT IN RESPECT OF EXT.R2(f). // TRUE COPY // PA TO JUDGE rhs HARUN-UL-RASHID, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 909 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of March, 2009 J U D G M E N T When the matter was taken up for final hearing the counsel for the respondents 1 and 2 submitted that other properties belonging to the 3rd respondent, who is the brother of the petitioner, was proceeded against for realisation of the amount due from him. The counsel also submitted that the properties so proceeded satisfy the dues as against him. In such circumstances, there is no necessity to proceed against the property which stands in the name of the petitioner. The statement of the counsel is recorded and the writ petition is closed. HARUN-UL-RASHID JUDGE rhs