IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30681 of 2011(I) ---------------------------------------- PETITIONER(S): -------------------------- 1. CONSTANCE IMMANUEL,AGED 64, W/O.IMMANUEL, MULLAKKAL HOUSE, CONVENT ROAD, NEYYATTINKARA. 2. AUSTINE JOSEPH, S/O.JOSEPH, CC.28/454,PALLICKAL HOUSE, GIRI NAGAR, KADAVANTHRA, KOCHI. 3. ANDREW SIMKIN THOBIAS, S/O. STELLA SIMON, TC 6/1552/90 STP NAGAR, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.K.B.PRADEEP, SMT.N.G.SINDHU. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 695 001. 2. THE KERALA STATE FINANCIAL ENTERPRISE, REPRESENTED BY ITS MANAGING DIRECTOR, BHADRADA, MUSEUM ROAD, THRISSUR - 680 001. 3. THE SPECIAL DEPUTY TAHSILDAR (R.R.), KSFE LTD,AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA, THIRUVANANTHAPURAM - 685 342. 4. SYRUS JOSEPH, S/O.JOSEPH, J.M.J. HOUSE, CONVENT ROAD, NEYYATTINKARA - 685 342. R1 BY GOVERNMENT PLEADER SRI. S.JAMAL R2 & R3 BY SRI.BABU VARGHESE, SENIOR ADVOCATE, BY ADV. SRI.JOHNSON T. JOHN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30681/2011 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT DT.18.06.2010 . EXT.P2 TRUE COPY OF THE PLAINT DT.28.05.2011. EXT.P3 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DT.17.09.2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 30681 of 2011 ================== Dated this the 22nd day of November, 2011 J U D G M E N T The petitioners claim to be co-owners of certain properties, which the 4th respondent mortgaged with the 2nd respondent for amounts due from the 4th respondent to the 2nd respondent. The 4th respondent obtained the same from his mother by a document. The property is stated to be acquired by his father. On the death of the father, the mother is stated to have conveyed it to the 4th respondent and the 4th respondent mortgaged the same to the 2nd respondent bank. Thereafter, the petitioners filed O.S.No.957/2009 before the 1st Additional Munsiff's Court, Neyyattinkara, and obtained a consent decree for partition and separate possession with ¼th share only to the 4th respondent and the balance to the petitioners. On the basis of that decree, the petitioners filed a suit before the Munsiff's Court, Neyyattinkara, against the State and the 2nd respondent challenging the mortgage of their shares of the property, which is numbered as O.S.No.429/2011, for injuncting respondents 1 to 3 from proceeding against their share of the property for recovery of the amounts due from the 4th respondent. That suit is still pending. In the meantime, respondents 1 to 3 initiated revenue recovery proceedings for sale of the property for recovery of the amounts due from the 4th respondent. w.p.c.30681/11 - : 2 :- That is under challenge in this writ petition. I am not inclined to entertain this writ petition insofar as the suit is still pending. It is admitted that the petitioners had moved for a temporary injunction, which was dismissed, against which, a C.M. Appeal has been preferred before the appellate court, which is pending. In the above circumstances, the remedy of the petitioners is in prosecuting that C.M. Appeal and seeking temporary injunction in that C.M. Appeal. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge