IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 5805 of 2009(O) ------------------------------------- OS.390/2004 of SUB COURT,ERNAKULAM .................... PETITIONER(S): ----------------------- T.J. ABI, S/O.JOSEPH, AGED 38 YEARS, THALIYADIL, THRIKKAKARA P.O., COCHIN-21. BY ADV. MR.ASOK M.CHERIAN, MR.T.R.RENJITH. RESPONDENT(S): ------------------------ 1. THE FEDERAL BANK LTD., REGISTERED OFFICE AT ALUVA AND BRANCH AT BROADWAY, ERNAKULAM. 2. SAJI SHAJI, W/O.SHAJI XAVIER, ALAPPAT HOUSE, CHERANALLOOR P.O., COCHIN-34. 3. SHAJI XAVIER, S/O.A.P.XAVIER, ALAPPAT HOUSE, CHERANALLOOR P.O., COCHIN-34. R1 BY ADV. MR.PETER THARAKAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5805/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SLAE PROCLAMATION AFFIXED IN THE HOUSE PREMISES OF THE PETITIONER. EXT.P2: COPY OF THE E.A. NO.195/2009 FILED BY THE PETITIONER TO SET ASIDE THE EX PARTE ORDER. EXT.P3: COPY OF THE E.A. NO.193/2009 FILED BY THE RESPONDENT. EXT.P4: COPY OF THE E.A. NO.194/2009 FILED BY THE RESPONDENT. EXT.P5: COPY OF THE CHALAN DATED 03/03/2009 FOR DEPOSITING Rs.50,000/- BEFORE THE PRINCIPLE SUB COURT, ERNAKULAM BY THE PETITIONER. EXT.P6: COPY OF THE CHALAN DATED 03/04/2009 FOR DEPOSITING Rs.50,000/- BEFORE THE PRINCIPLE SUB COURT, ERNAKULAM BY THE PETITIONER. EXT.P7: COPY OF THE CHALAN DATED 11/11/2009. EXT.P8: COPY OF THE CONFIRMATION LETTER ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE RECEIPT ISSUED FROM THE BANK. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.5805 OF 2009 -------------------------------- Dated this the 19th day of January 2010 ---------------------------------------------------------- JUDGMENT Petitioner is one among the judgment debtors in E.P No. 493 of 2007 in O.S No.390 of 2004 on the file of Sub Court, Ernakulam. The 1st respondent, a schedule bank is the decree holder. Decree executed is one passed in a suit for money by sale of a mortgage property. In the above execution proceeding, when the mortgage property belonging to the petitioner was proceeded for sale, he has filed the present writ petition impeaching the steps taken for settling proclamation and publication of sale. During pendency of the writ petition, it is submitted that the petitioner has discharged the entire decree debt pursuant to one time settlement extended to by the bank giving some concessions as well. Since the decree debt has been discharged by payment, nothing more survives for consideration in the writ petition. However, the learned counsel for the petitioner submitted that the discharge of W.P.(C).No.5805 OF 2009 Page numbers the decree debt had been effected by collecting loans, and for repayment thereof, an early return of the title deeds relating to the mortgage property which had been tendered by the bank in the suit is absolutely essential. The learned counsel for the 1st respondent bank submitted that after cessation of termination of the proceeding by the execution court moving an application on the trial side it can be collected and handed over to the party without any delay. The execution court is directed to take note of the discharge of the decree debt and close the execution proceedings regarding satisfaction of the decree, without delay. Writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv