IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 35148 of 2009(K) -------------------------- PETITIONER(S): --------------- ROBIN ABRAHAM, S/O. N.A. ABRAHAM, RESIDING AT NANDIKKATTU, KANDATHIL, KANJIRAPPALLY, KOTTAYAM. BY ADVS.MR.K.JAYAKUMAR MR.P.B.KRISHNAN SMT.GEETHA P.MENON MR.P.M.NEELAKANDAN RESPONDENTS: --------------- 1. THE MANAGER, KERALA FINANCE CORPORATION, KATTAPPANA. 2. JOSSY ABRAHAM, S/O. N.A. ABRAHAM, NANTHIKKATTU, KANDATHIL, ERUMELY P.O. R1 BY ADV. MR.M.M.SAYED MUHAMMED, SC, KFC R2 BY MR.C.HARINDRAMOHAN NAIR MR.SERGI JOSEPH THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 35148/2009 APPENDIX PETITIONER'S EXHIBITS P1 , DATED 05-04-2002, TRUE COPY OF THE DECREE IN O.S. NO. 95 OF 2001 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, THODUPUZHA P2, DATED 7-09-2009, TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.C.NO. 27797 OF 2008-H P3, DATED 24-11-2009, TRUE COPY OF THE APPLICATION FILED BEFORE RESPONDENT NO.1 BY THE MANAGER OF THE PETITIONER. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.35148 of 2009 - K ---------------------------------------- Dated 21st December, 2009 Judgment Heard Sri.K.Jayakumar, the learned counsel appearing for the petitioner, Sri.M.M.Saidu Mohammed, the learned standing counsel appearing for the Kerala Financial Corporation and Sri.Sergi Joseph Thomas, the learned counsel appearing for the second respondent. 2. The learned standing counsel appearing for the Kerala Financial Corporation submits that the petitioner, the decree holder in O.S.No.95 of 2001 on the file of the Court of the Subordinate Judge of Thodupuzha has discharged the loan availed from the Kerala Financial Corporation. The learned counsel appearing for the second respondent however submits that mere payment to the Kerala Financial Corporation is not enough and that the petitioner should also take steps to effect necessary corrections in the sale deed executed by the court below. He relies on the directions in Ext.P2 in support of the said contentions. A reading of Ext.P2 judgment of this Court W.P.(C) No.35148/2009 2 makes it abundantly clear that the corrections to be carried out in the sale deed are meant to safeguard the interest of the petitioner also and not of the second respondent alone. The learned counsel appearing for the petitioner submits that as directed by this Court, he has also moved the court below to effect necessary corrections in the sale deed. Therefore, as the entire liability to the Kerala Financial Corporation has been discharged, I am of the opinion that the documents of title deposited for availing a loan for Hotel Vanarani (Hotel Kumily Gate) should be returned to the petitioner. I accordingly direct the first respondent to return the original of the title deeds to the petitioner within one week from the date on which the petitioner produces a certified copy of this judgment before the first respondent. The writ petition is disposed of as above. P.N.RAVINDRAN Judge vaa