IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 27090 of 2010(I) --------------------------------------- PETITIONER(S): ---------------------- KKOCHUTHRESSYA, AGED 40 YEARS, W/O.BABU ANTONY, NADAKKEPARAMBIL HOUSE, CHETTIKAD MURI, PATHIRAPPALLY VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): ---------------------------- UNION BANK OF INDIA, BRANCH OFFICE AT ALAPPUZHA, REP.BY ITS MANAGER, JETTY ROAD, MULLAIKKAL, ALAPPUZHA. BY ADV. SRI.A.S.P.KURUP, SC, UBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J --------------------------- W.P(C) No.27090 of 2010-I ---------------------------- Dated this the 17th day of September, 2010. J U D G M E N T The petitioner stood as a guarantor with respect to two loan transactions availed by her husband from the respondent Bank. Grievance of the petitioner is that the respondent Bank is not allowing to clear arrears and to get release of the mortgage created with respect to one of the loans, by accepting repayment of the entire amounts due and thereby releasing the title deed with respect to one item of property. The issue raised is a matter which is coming within the purview of contractual obligations with respect to the loan transactions between the parties. Rather it can also be considered as a severe dispute pertaining to redemption of mortgage. In either case it is not at all a matter which can be agitated or adjudicated in a proceedings under Article 226 by the High Court. Therefore the writ petition is dismissed without prejudice to rights of the petitioner to approach the appropriate forum. Sd/- C.K.ABDUL REHIM JUDGE 2 ab