IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WA.No.632 of 2009 ---------------------- AGAINST THE JUDGEMENT IN WP(C).6131/2009 Dated 25/02/2009 .................... APPELLANT/ PETITIONER: ---------------------------- LISSY, D/O.ESTHER, AGED 55, KUMAR BHAVAN, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM. BY MR.J.DEVADANAM, ADVOCATE. MR.VINOD J.DEV, ADVOCATE. MR.PRAMOD J.DEV, ADVOCATE. RESPONDENTS/ RESPONDENTS: ------------------------------------ 1. THE STATE BANK OF TRAVANCORE, REGION II, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. J.MOHANDAS, PROPRIETOR HAPPY FUELS, PALLICHAL, THIRUVANANTHAPURAM. 3. PRABHASH.J, KUMAR BHAVAN, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM. 4. PRASANNAKUMAR.J, J.P.NILAYAM, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM. BY MR. R.S. KALKURA, SC FOR SBT. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. BANNURMATH, C.J. & KURIAN JOSEPH, J. ------------------------------------------ Writ Appeal No.632 OF 2009 ------------------------------------------ Dated this the 23rd day of March, 2009. J U D G M E N T Kurian Joseph, J. The appellant is the petitioner in W.P.(C) No.6131/2009. She is aggrieved by the recovery steps initiated by the first respondent-Bank. According to the appellant-petitioner, she is having a share in respect of the property that is proceeded against by the Bank. 2. When the writ appeal came up before us, we enquired as to whether the appellant is interested in settling the issues with the Bank. The appellant submits that given some time, she may arrange private sale of the property and remit the entire dues. It is a matter for the appellant to approach the Bank itself. True, the appellant is not a party to the transaction with the Bank. But, as far as the Bank is concerned, it is interested only in getting money. W.A.No.632/2009 2 Therefore, in case the appellant makes a request for settling the dues, that will be considered by the Bank. We also make it clear that it will be open to the appellant to approach the Debt Recovery Tribunal. Still further it is made clear that as regards the dispute regarding measurement etc., it will be open to the appellant to pursue available remedies before appropriate forum. This writ appeal is disposed of as above. S.R. BANNURMATH CHIEF JUSTICE KURIAN JOSEPH JUDGE smp W.A.No.632/2009 3 S.R. BANNURMATH, C.J.& KURIAN JOSEPH, J. W.A. No. 632 OF 2009 J U D G M E N T 23.03.2009