IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No.33819 of 2008 (A) --------------------------------- O.S. NO.93/02 OF THE SUB COURT, KOTTARAKKARA ***** PETITIONER: --------------- RAJAGOPALAN NAIR @ K. RAJAGOPAL, S/O. M.KESAVAN NAIR, PARAMESWARA BHAVAN, VENDAR POST, PUTHOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT: --------------- 1. FEDERAL BANK LTD., ALUVA, REGD. OFFICE AT FEDRAL TOWER, ALUVA, ERNAKULAM DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGER, FEDERAL BANK, KOTTARAKKARA BRANCH. ADV. SRI.A.ANTONY FOR R1& 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.33819 of 2008 (A) APPENDIX PETITIONER'S EXTS:- EXT.P1:- A TRUE COPY OF THE DECREE IN O.S. NO.93/02 OF THE SUB COURT, KOTTARAKKARA. EXT.P2:- A TRUE COPY OF THE E.P. NO.43/03 BEFORE THE SUB COURT, KOTTARAKKARA. EXT.P3:- A TRUE COPY OF THE APPLICATION FOR SETTING ASIDE THE SALE OF THE SCHEDULED PROPERTY FILED BY THE PETITIONER. EXT.P4:- A TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT FOR APPOINTING AMIN TO EFFECT DELIVERY OF THE PROPERTY AND TO APPOINT VILLAGE OFFICER, PUTHUR. EXT.P5:- A TRUE COPY OF THE NOTICE ISSUED BY THE CENTRAL NAZIR ON 17/10/08. //TRUE COPY// K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.33819 of 2008 ------------------------------------------------ Dated this the 27th day of November, 2008 JUDGMENT Counsel for the petitioner submits that the respondent/Bank has ascertained and reported that to have re-conveyance of the property belonging to the petitioner and bid by the respondent/Bank in court auction and got sale deed also executed through court, they are to be paid an amount of Rs.13,09,252/-; that the petitioner is prepared to deposit the said amount with the Kottarakkara branch of the Federal Bank and that an order be passed to re-convey the property purchased by the respondent/Bank to the petitioner or his nominee Smt.Indu Rajagopal who is his daughter on a request made by him in writing without any further delay. W. P. C. No.33819 of 2008 -2- 2. In the result, I direct the petitioner to deposit the amount as offered with the Kottarakkara branch of the Federal Bank whereupon the Bank shall re-transfer the property to the petitioner or his nominee as is desired by him by filing an application before the Bank in writing and at the expense of the transferee within a week from today. Steps in that regard are to be taken by the proposed transferee or the petitioner, as the case may be. In case payment is not made as offered positively tomorrow the respondent shall be at liberty to take delivery of the property purchased by them at any time thereafter. 3. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/- W. P. C. No.33819 of 2008 -3- K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.33819 of 2008 ------------------------------------------------ Dated this the 17th day of November, 2008 ORDER Counsel for the petitioner submits that sale in execution of decree, of the property belonging to the petitioner has already been effected; sale certificate has been issued and for delivery of the property purchased by the decree holder/Bank the E.P. stands posted to 18/11/08. There is practically nothing for this Court to interfere but counsel for the petitioner submits that the sale was being effected for Rs.9,00,337/-; that the property is worth much more; that the petitioner is now affluent and is prepared to pay the entire decree debt which is the sale price stated aforesaid as also interest, sale commission, value of stamp paper and all costs incurred by the respondent/Federal Bank and that on that condition sale may be allowed to be got set aside. I am of the view that if the petitioner is prepared to deposit all amounts that the decree W. P. C. No.33819 of 2008 -4- holder/Bank has incurred towards expenses over and above the decree debt and that is paid, the Bank will not be having any objection in re- transferring the property to the petitioner/ judgment debtor. 2. It is also submitted by the counsel for the petitioner that the property having an extent of 1 acre and 89 cents takes in also the residential building of the judgment debtor wherein himself and his family are residing and that he is prepared to take out notice to the respondents by special messenger positively today and the case be posted to tomorrow. In the circumstances, I order notice by special messenger to respondents 1 and 2. In the meanwhile, the delivery shall stand adjourned to 25/11/08. Post day after tomorrow. K.P.BALACHANDRAN, JUDGE kns/-