IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 21017 of 2009(O) -------------------------- OS.287/2005 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER(S): ------------------------- JOHN VARGHESE,S/O.GEEVARGHESE VARGHESE, CHRISTIAN, TRADER,RESIDING AT POSTAL VIEW BUNGALOW,KIZHAKKETHIL, MARKET JUNCTION, KOTTARAKKARA VILLAGE,KOLLAM DISTRICT. BY ADV. MR.M.NARENDRA KUMAR RESPONDENT(S): ---------------------------- 1. JACOB VARGHESE,S/O.GEEVARGHESE VARGHESE, TRADER,RESIDING AT XXXVI/2322,BALAN MENON LANE, AZAD ROAD,KALOOR, KOCHI-17. 2. K.G.ALEX,S/O.GEEVARGHESE VARGHESE, CHRISTIAN,RESIDING AT RASI CHANDINI,KALYANI STREET, L.P.NAGAR,KATTIVAKAM,CHENNAI. 3. STATE BANK OF INDIA,ZONAL OFFICE, SHANMUGHAM ROAD,P.B.NO.2597,ERNAKULAM,REP.BY ITS CHIEF MANAGER(OFFICE ADMINISTRATION) 4. STANDARD CHARTERED BANK,ERNAKULAM BRANCH, HDFC BUILDING,RAVIPURAM,ERNAKULAM,REP.BY ITS MANAGER. 5. CANARA BANK,CARMEL CENTRE,BANERJEE ROAD, ERNAKULAM,REP.BY ITS MANAGER. 6. STANLEY,S/O.LATE ACHAMMA,RESIDING AT 2/23,SREE VIHAR,N.H.BYPASS,MARADU, ERNAKULAM. R1 & R2 BY ADV.MR.R.SUDHIR R3 BY ADVS.MR.M.NARENDRA KUMAR, MR.JAICE JACOB, MR.P.M.BENZIR, MR.G.G.MANOJ. R5 BY ADV. MR.P.GOPINATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21017/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.287/2005 IN THE COURT OF SUB JUDGE, ERNAKULAM. P2: COPY OF THE I.A.NO.1982/2009 DTD. 27/02/2009. P3: COPY OF THE I.A.NO.3165/2009 DTD.28/03/2009. P4: COPY OF THE OBJECTION FILED BY THE PETITIONER AS I.A.NO.1983/2009 DTD. 27/02/2009. P5: COPY OF THE ORDER DTD. 30/05/2009 IN I.A.NO.3165/2009 IN O.S.NO. 287/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.21017 OF 2009 -------------------------- Dated this the 14th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P5 and quash the same. ii) Issued a writ of mandamus or other appropriate writ, order or directing the Court below to consider and dispose of I.S No.1983/2009. iii) Grant such other relief which this Hon'ble Court deems fit and necessary in the facts and circumstances of the case. 2. Petitioner is the plaintiff in O.S No.287/2005 on the file of Sub Court, Ernakulam. The above suit is one for partition and other reliefs, and the respondents are the defendants. W.P.(C).No.21017 OF 2009 Page numbers In the suit, the 4th defendant, a bank which is in occupation of one of the buildings in the plaint property moved an application before the court seeking permission to surrender the key and also to deposit the arrears of rent outstanding on the building before the court. The learned Sub Judge after hearing both sides dismissed the application holding that the ownership and the right of the parties are in dispute among the sharers. Against the disposal of that application, petitioner/ plaintiff has filed the above writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. The learned counsel for the petitioner submits that petitioner has also filed an application Ext.P4 to direct the bank to deposit the arrears of rent before court. The dismissal of the W.P.(C).No.21017 OF 2009 Page numbers application moved by the bank according to the learned counsel for the petitioner is patently erroneous. I find considerable force in the submission made by the counsel. The reasons stated by the court below for dismissal of Ext.P5 order that ownership and right of the parties are matters in dispute in the suit is no ground for rejecting the request of the bank to surrender the key and deposit the arrears of rent before the court. Setting aside Ext.P5 order, I direct the court below to consider the matter afresh and pass appropriate orders in accordance with law. Writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv