IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 2497 of 2005(V) ------------------------- PETITIONER(S): --------------- CIJU SEBASTIAN, KORAVAKKATTU, KARIKODE, THODUPUZHA EAST, NOW RESIDING AT MEZON KASIWA, KANAGAWAKEN, JAPAN. (REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER PROF.K.J.DEVASSIA, KURAVAKKATTU, KARIKODE, THODUPUZHA EAST). BY ADV. SRI.A.JAYASANKAR RESPONDENT(S): --------------- 1. THODUPUZHA URBAN CO-OPERATIVE BANK LTD.NO. 394, REPRESENTED BY ITS GENERAL MANAGER, THODUPUZHA P.O. 2. SPECIAL SALE OFFICER FOR THODUPUZHA URBAN CO-OPERATIVE BANK, OFFICE OF CO-OPERATIVE ASSISTANT REGISTRAR (GENERAL), THODUPUZHA P.O. 3. SRI.SHAHUL HAMEED, MANGATTU HOUSE, KEERIKODE, THODUPUZHA EAST. 4. SMT.SHYLA, W/O.SYED MUHAMMED, MANGATTU HOUSE, KEERIKODE, THODUPUZHA EAST. ADV. SRI.P.K.SAJEEV FOR R4 SRI.V.K.MOHANAN FOR R1 SRI.K.R.SUNIL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED DATED 8.3.2004 EXT.P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 24.8.2004 EXT.P3 TRUE COPY OF THE AUCTION NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 2497 OF 2005 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT Admittedly part of the property purchased by the petitioner from 4th respondent, who in turn purchased it from third respondent, was mortgaged to the first respondent. In a similar matter in W.P.No.34455 of 2006, this Court ordered recovery by sale of property other than property purchased by the petitioner in that W.P.C. for recovery of arrears due to the first respondent. It is not known what happened. Position is not different in this case as well. W.P. is therefore disposed of directing the second respondent to effect sale of property excluding the property covered by sale deeds in favour of the petitioner in WPC 34455 of 2006 and the petitioner herein and recover the arrears. However, if there is any balance outstanding then the property purchased by both the parties in WPCs will be sold. There will be direction to the first respondent to launch prosecution against respondents 3 and 4 for defrauding the bank by sale of mortgaged property. Second respondent will effect sale within four months from 2 now and file compliance report after four months. Petitioner will furnish copy of this judgment before respondents 1 and 2. Post in the second week of October, 2009 for compliance report. (C.N. RAMACHANDRAN NAIR) Judge kk 3