IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30281 of 2008(E) -------------------------- PETITIONER(S): --------------- K.SUIMOL, SUI SADANAM, VILAKKUPARA.,P.O, KOLLAM DISTRICT. BY ADV. SRI.K.BABU (VETTAKALAYIL) SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE CHIEF MANAGER (AUTHORIZED OFFICER UNDER THE SARFAESI ACT) STATE BANK OF TRAVANCORE MAYYANADU BRANCH, KOLLAM. 2. RAJESH, SURAJ NIVAS, PLAVILA JUNCTION, MAYYANAD, KOLLAM DISTRICT. R1 BY ADV.SRI.K.S.DILEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30281 OF 2008 ------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Learned counsel for the first respondent submits that the second respondent had earlier come to this Court instituting W.P (C).24485/08 and obtained an order for consideration of the transaction for One Time Settlement and following that, he is due to deposit a further amount of Rs.1,15,000/- and if such deposit is made, the question of the petitioner being disturbed may not arise. The second respondent and the petitioner are contesting matrimonial disputes before the Family Court. I do not think that it is necessary for this Court to interfere at this point of time, particularly when the petitioner claims that she has one half right over the property. Being Hindus, rights and liabilities could also be worked out in terms of the relevant statute. Under such circumstances, this writ petition is closed without entering on merits and leaving open all contentions alive. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.