IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WA.No. 475 of 2008 -------------------- AGAINST THE JUDGMENT IN WP(C) NO.30650/07 DATED 15/11/07 ............... APPELLANTS/RESPONDENTS: ------------------------------- 1. STATE BANK OF TRAVANCORE, VELLAYANI BRANCH, VELLAYANI, REPRESENTED BY ITS MANAGER, STATE BANK OF TRAVANCORE, PUJAPPURA, TRIVANDRUM. 2. THE MANAGING DIRECTOR, STATE BANK OF TRAVANCORE, PUJAPPURA, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA RESPONDENT/PETITIONER: ----------------------------- S.S. JOHN, PROPRIETOR, M/S. ZONATE FURNITURE MART, VANDITHANAM, VELLAYANI P.O., TRIVANDRUM. ADV. SRI.M.RAMASWAMY PILLAI SRI.AJITH KRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.475 of 2008 ------------------------------------------ Dated this the 3rd day of December, 2009 JUDGMENT A.K. Basheer, J. Appellant Bank has preferred this writ appeal aggrieved by the direction issued by the learned Single Judge to execute a release deed in respect of the property mortgaged by the respondent while availing of a loan by him. 2. Admittedly the respondent had paid off the entire liability pursuant to a decree obtained by the appellants against the respondent. But the appellant Bank could not return the original title deeds to the respondent which he had deposited while mortgaging the property in favour of the Bank. It was in the above circumstances that the respondent had filed the writ petition seeking appropriate reliefs. 3. The learned Single Judge after considering the rival contentions of the parties directed the appellant Bank to execute a release deed, especially on the face of the admission made by the Bank that the documents had been misplaced somewhere. W.A.No.475 of 2008. - 2 - 4. When this writ appeal came up for consideration, it is submitted by the learned Standing Counsel for the appellants that the Bank had traced out the original title deeds and handed them over to the respondent. Learned counsel for the respondent also submits that the respondent has received all the original title deeds. The above submissions are recorded. In that view of the matter, the impugned judgment is liable to be set aside and we do so. Writ appeal is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns