IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 1111 of 2010(O) ------------------------- OS.59/2006 of SUB COURT,THODUPUZHA .................... PETITIONER(S): ------------------------ SHAJI ISMAEL, S/O.ISMAEL, AGED 34 YEARS, ILLIKAL HOUSE, ELAMDESHAM P.O., THODUPUZHA, IDUKKI (DT). BY ADV. MR.SHAIJAN JOSEPH RESPONDENT(S): --------------------------- 1. BRANCH MANAGER, VELLIAMATTOM BRANCH FEDERAL BANK LIMITED, VELLIAMATTOM, THODUPUZHA. 2. FEDERAL BANK LIMITED, REP. BY CHIEF GENERAL MANAGER, FEDERAL BANK, ALUVA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.1111 OF 2010 -------------------------------- Dated this the 13th day of January 2010 ---------------------------------------------------------- JUDGMENT Petitioner is the 1st defendant in O.S No.59 of 2006 on the file of Sub Court, Thodupuzha. Suit is one for recovery of money by sale of a mortgage property, and the respondent is a bank. Suit claim was passed on a loan extended to the petitioner/1st defendant for carrying out the repairs of his house on the security of his property wherein the building is situate. Writ jurisdiction of the court has been invoked by filing this petition canvassing a case that if the respondent bank is allowed to proceed with the suit, the petitioner who is residing in that property is likely to lose his shelter. I find no merit in the case so advanced for invoking the visitorial jurisdiction of this court to interdict the bank from proceeding with the suit. Whatever defence available to the petitioner can be canvassed in the suit and if they are legally entertainable, no doubt, it will be appreciated and appropriate decision will be rendered by the court. Writ petition lacks merit, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE