IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 13631 of 2009(Y) -------------------------------------- PETITIONER(S): ------------------------- 1. LESLIE CHANDY, AGED 56, S/O.CHANDY, ERESSERIL HOUSE, MARARIKULAM NORTH P.O., CHERTHALA. 2. CELINE LESLIE, AGED 50 YEARS, W/O.LESLIE CHANDY, ERESSERIL HOUSE, MARARIKULAM NORTH P.O., CHERTHALA. BY ADVS. MR.JOY GEORGE, SMT.PRAICY JOSEPH. RESPONDENT(S): ---------------------------- 1. CANARA BANK, REPRESENTED BY ITS MANAGER, CANARA BANK, KOTTAYAM BRANCH. 2. BOBBY JACOB, S/O.THOMAS JACOB, AGED 34 YEARS, CHETHIPUZHA HOUSE, AMALAGIRI P.O., KOTTAYAM. R1 BY ADV. MR.N.D.PREMACHANDRAN R2 BY ADV. MR. SURESH K.SREEDHAR (ATHANI) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13631/2009 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DOCUMENT IN FAVOUR OF THE 2ND RESPONDENT EXECUTED BY THE 2ND PETITIONER. P2: COPY OF THE PRIOR DOCUMENT OF EXHIBIT P1. P3: COPY OF THE FIR IN CC 3/2009 PENDING BEFORE THE CBI COURT ERNAKULAM. P4: COPY OF THE STATEMENT GIVEN BY THE 1ST PETITIONER. P5: COPY OF THE SALE NOTICE PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 21/04/09. P6: COPY OF THE RELEVANT PAGES OF RATION CARD. P7: COPY OF THE ELECTRICITY BILL DTD. 12/02/2009. P8: COPY OF THE I.D CARD OF THE 1ST PETITIONER. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.9169 OF 2009 DTD. 23/03/09. R1(B): COPY OF SECTION 13(2) NOTICE UNDER THE SARFAESI ACT TO THE 2ND RESPONDENT DTD. 10/03/07. R1(C): COPY OF POSSESSION NOTICE DTD. 8/05/07. R1(D): COPY OF THE NOTICE PUBLISHED IN MALAYALA MANORAMA DTD.8/5/07. R1(E): COPY OF THE NOTICE PUBLISHED IN MALAYALA MANORAMA DTD.13/6/08. R1(F): COPY OF THE ORDER OF THE DIST.COLLECTOR, ALAPPUZHA DTD. 27/11/07. R1(G): COPY OF THE MAHAZAR DTD.10/01/08. R1(H): COPY OF THE REQUEST DTD. 10/01/08. R1(I): COPY OF THE REPORT DTD. 26/02/2008 OF THE TAHSILDAR. R1(J): AN EXTRACT OF THE AFFIDAVIT AND PETITION DTD. 1/03/2008 FILED BY THE 1ST PETITIONER BEFORE THE MUNSIFF COURT. /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.13631 of 2009 ------------------------------ Dated this the 6th day of January, 2010. J U D G M E N T The learned counsel appearing for the both the sides submit that the issue involved in this Writ Petition has already been settled out of Court. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON JUDGE ab