IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 15921 of 2008(U) -------------------------- PETITIONER: ------------ R.JAYASREE, W/O. P. THYAGARAJAN, NIRAPPIL PUTHEN VEEDU, NETHAJI JUNCTION URUKUNNU P.O.,THENMALA, KOLLAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS: ------------- 1. THE AUTHORISED OFFICER, THE CHIEF MANAGER, FEDERAL BANK LIMITED REGIONAL OFFICE, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER FEDERAL BANK LIMITED EDAMON BRANCH, KOLLAM DISTRICT. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15921 of 2008(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: SETTLEMENT ARRIVED BY THE LOK ADALATH, KOTTARAKKARA IN O.S.NO.78/2001 IN E.P.NO.8/2004 DTD. 31.7.2004. EXT.P2: NOTICE NO.TVMR/LEG/SFI8IH69/08 DTD. 9.2.2008 ISSUED BY THE R1. EXT.P3: APPLICATION SUBMITTED BEFORE THE BANK DTD. 3.5.2008. RESPONDENT'S EXHBITS: NIL // TRUE COPY // P.A. TO JUDGE. S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 15921 OF 2008 = = = = = = = = = = = = = Dated this the 16th day of June, 2008. J U D G M E N T The petitioner seeks disposal of Ext.P3 filed pursuant to Ext.P2 notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The learned standing counsel appearing for the bank submits that although they had issued Ext.P2 notice, the matter is pending in execution before the civil court from where the respondents have obtained a decree and execution proceedings are going on. According to the counsel for the bank, the proceedings have been initiated by the civil court for sale of the mortgaged property. In such circumstances, I am of opinion that the petitioner should approach the civil court, where the matter is pending. Therefore without prejudice to such right, this writ petition is dismissed. S.SIRI JAGAN, JUDGE bkn/-