IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31208 of 2008(M) ------------------------------------------ PETITIONER(S): ------------------------- VASU, S/O. AYYAPPAN, AGED 60 YEARS, MANGALATH HOUSE, THAIKKATTU KARA, ALUVA WEST VILLAGE, ALUVA. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): -------------------------- 1. ALLAHABAD BANK, ERNAKULAM BRANCH, REP. BY ITS MANAGER, 1837/38F, M.G. ROAD, ERNAKULAM. 2. THE AUTHORISED OFFICER, ALLHABAD BANK, ZONAL OFFICE, 112, SIR THYAGARAJA ROAD, T. NAGAR, CHENNAI. 3. M.O. VARGHESE, MEKKATTUPARAMBIL HOUSE, PADAMUGAL, KAKKANAD, ERNAKULAM. 4. JOSEPH JACOB, S/O. JACOB KURIAN, PERIAKAL MARUTHI SERVICES, NEAR POST OFFICE, EDAPPALLY, KOCHI-34. ADV. SRI.VIVEK VARGHESE P.J. FOR R1 & R2 SRI.P.J.VINOD JOSEPH FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31208/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RESIDENCE CERTIFICATE IN THE YEAR 2008-09 ISSUED BY THE SECRETARY, CHOORNIKKARA GRAMA PANCHAYATH DTD. 18/10/2008. EXT.P2: COPY OF THE PARTITION DEED DTD. 10/01/990. EXT.P3: COPY OF THE NOTICE AS PER M.P.NO.7665/08 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DTD. 02/09/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.31208 OF 2008 (M) ------------------------------------------------------ Dated this the 29th day of October, 2008 J U D G M E N T Service complete. None appears for the third respondent. The fourth respondent availed a loan from the first respondent. He mortgaged the property as security for that loan. According to the petitioner, he is residing in the building in that property and was the prior owner also. The petitioner's plea is that he may be permitted to continue in possession for two months as last opportunity for him to find out alternate arrangement. Recording this submission, this writ petition is ordered directing that if the petitioner files an unconditional undertaking to give vacant possession on or before 29-12-2008 before the Chief Judicial Magistrate, Ernakulam before whom Crl.M.P.No.7665/2008 is pending, and if such undertaking is filed within a period of one week from now and if the petitioner remits an amount of Rs.10,000/- with the first respondent bank, the petitioner shall be permitted to continue in occupation till 29-12-2008 as last opportunity. The first respondent bank will pay Rs.5,000/- out of that amount to the third respondent auction purchaser towards occupation charges and would credit remaining Rs.5,000/- as costs towards the first respondent bank, since the first respondent bank alone is represented by counsel. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/31/10