IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10606 of 2008(K) -------------------------- PETITIONER: -------------- KRISHNANKUTTY ALIAS MANIYAN, AGED 65, S/O PAPPU, KAITHAVALAPPIL, JILLA COURT WARD, ARYAD SOUTH MURI, ARYAD THEKKU VILLAGE, ALAPPUZHA. BY ADV. SRI.K.V.SADANANDA PRABHU RESPONDENT: ---------------- THE MANAGER, CANARA BANK, JETTY BRANCH, ALAPPUZHA. BY SRI.P.GOPINATHA MENON, SC, BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 10606 OF 2008 K ==================== Dated this the 31st day of March, 2008 J U D G M E N T Petitioner states that he had executed a gift deed in favour of his son and on the strength of which, his son had availed of a loan from the respondent Bank. It is stated that his son had committed default and when there was a threat of recovery proceedings against the property, the property was reconveyed in his favour by Ext.P1 document executed by his son. According to the petitioner, to avoid distress sale of the property, he himself has discharged the liability to the Bank and what remains to be paid is only Rs.60,000/-. In this writ petition he prays that once he discharges the entire liability by himself, the documents of title deposited should be released to him. It is stated that the petitioner made this request before the Bank on the strength of Ext.P1, but however since the deposit of title deeds has been made by his son, the request is not entertained. It is in this background this writ petition has been filed praying for directing that the documents be released to him. 2. Having regard to the facts as stated above, I feel that the only order which the petitioner can ask for is that once liability is discharged as WPC 10606/08 :2 : above, he could make an application to the Bank, and on receipt of such application, it will be open to the Bank to issue notice to the petitioner as also his son, who deposited the document and decide the matter. This judgment shall not be understood as having pronounced on the merits of the claim made by the petitioner. Writ petition is disposed of with the aforesaid direction. ANTONY DOMINIC,JUDGE. Rp