IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37575 of 2008(W) -------------------------- AS.138/2008 of III ADDL.SUB COURT, KOZHIKODE .................... PETITIONER: ------------------ PALLIPARAMBATH BHASAKARAN S/O. KUNHIRAMAN, AGED 81 YRS., DEVI NIVAS, KACHERI AMSOM KURUBRAKKATTASSERY DESOM KOZHIKODE TALUK BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT: ---------------------- UNION BANK OF INDIA, MAIN BRANCH CHEROOTTY ROAD, CALICUT NAGARAM AMSOM DESOM OF KOZHIKODE TALUK REP. BY ITS CHIEF MANAGER BY SC ADV SHRI. A.S.P. KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J ------------------------------------------------------------ W.P(C) NO: 37575 OF 2008 ----------------------------------------------------------- Dated this the 18th December,2008. JUDGMENT The plaintiff in O.S.76/2007 on the file of the Munsiff's Court, Kozhikode filed A.S.226/2008 before the District Court which is now pending before the Additional Sub Court as A.S.138/2008. He moved an application for injunction restraining the respondent/bank from trespassing into the property belonging to him having an extent of 4 cents which lies adjoining the property of 19.4 cents that belongs to his wife. The said injunction petition was dismissed by the first appellate court on 17.12.2008 and the petitioner has applied for carbon copy of the order so passed but he has not received copy. Counsel for the petitioner submits that though this petition is filed praying for a direction being given to the Sub Judge, Kozhikode to issue certified copy of the said order on I.A.4090/2008, it is enough that status quo is ordered till carbon copy of the order is issued to him so as to enable him to have his grievance redressed by filing an appeal as he would be getting carbon copy either today or tomorrow. 2. Adv. Shri. A.S.P. Kurup enters appearance for the respondent/bank and submits that the property of the plaintiff is WPC 37575/2008 2 not hypothecated to the bank; that it is only the property of his wife that is pledged to the bank and that the bank does not want to proceed against the property of the petitioner or take possession thereof resorting to the Securitisation Act (for short) and that the attempt of the petitioner is to obstruct the respondent/bank from taking proceedings against the properties belonging to his wife which is mortgaged to the respondent/bank. 3. In view of the submission so made by the counsel for the respondent and in view of the fact that the petitioner has already applied for carbon copy of the order delivered yesterday and will be supplied with carbon copy of the order either today or tomorrow there is no necessity for any order being passed by this Court in this writ petition. This writ petition in the circumstances is closed. K.P.BALACHANDRAN Judge jj WPC 37575/2008 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: