IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30550 of 2008(J) -------------------------- PETITIONER(S): --------------- 1. SABITHA AZEEZ, 42 YEARES, W/O.AZEEZ, SOUHRADA, VELANKONAM, AVANAVANCHERI VILLAGE, ATTINGAL THIRUVANANTHAPURAM. 2. NISHA, W/O.BASHEER, MANIYANVILA BUNGLOW, VAKKOM VILLAGE, VAKKOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): --------------- 1. GENERAL MANAGER, CANARA BANK, CIRCLE OFFICE, M.G.ROAD, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, CANARA BANK, CANTONMENT, M.G.ROAD, THIRUVANANTHAPURAM. 3. INTEGRATED HOUSING DEVELOPERS LTD., VALLEY VIEW GARDENS), POTHUJANAM LANE, KUMARAPURAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGER. 4. MAHESH, S/O.MANOHARAN, K.P.N.SADANAM, TC.3/134, PARUTHIPPARA, ULLOOR VILLAGE, THIRUVANANTHAPURAM. 5. R.PREMCHAND, S/O.V.P.B.NAIR, MASTER MARINER, R/AT.SETHU POOJAPPURA, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. WP(C).No. 30550 of 2008 -2- 6. REMA.B.NAIR, S/O.K.P.RAMACHANDRAN NAIR R/AT.SETHU POOJAPPURA, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. 7. R.MOHANDAS, S/O K.P.RAMACHANDRAN NAIR, RESIDING AT 'SETHU', POOJAPPURA, THIRUMALA VILLAGE, TVM. BY SC SRI.P.GOPINATH MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30550/2008 -------------------- Dated this the 21st day of October, 2008 JUDGMENT Petitioners purchased 4.5 cents of land each in Resurvey No.1286 at Kadakampally Village, from respondents 3 to 7, under Exts.P1 and P2 sale deeds. Their grievance is that the existence of the mortgage over the property created by respondents 3 to 7 by a deposit of title deeds in favour of the Canara Bank, was not disclosed to them at the time of Exts.P1 and P2. Petitioners came to know of it only later. Petitioners have approached the Bank with a request for redemption of the property covered by Exts.P1 and P2. 2. Learned counsel for the Bank, Mr.Gopinatha Menon, submits that acceptance of the request made by the petitioners would essentially affect the integrity of the mortgage. Request made by the petitioners in Ext.P7 is pending before the competent officer of the Bank. It is upto the petitioners to pursue the same W.P.(C).30550/2008 2 and it is upto the Bank to take a decision on the request. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs