IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 22961 of 2008(H) -------------------------- AS.9/2005 of DISTRICT COURT, PALAKKAD .................... PETITIONER(S): --------------- SHELBI @ MARIYAM W/O. M.V. MATHAI, MANAMKOTTU HOUSE THRIKKANAYAM DESOM, ELANADU VILLAGE, TALAPPILLY TALUK BY ADV. SRI.V.M.KRISHNAKUMAR SRI.M.V.JOY RESPONDENT(S): --------------- 1. AUTHORISED OFFICER UNDER THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS ENFORCEMENT AND SECURITY INTEREST ACT, FEDERAL BANK, REGIONAL OFFICE, MISSION QUARTERS RAOD, THRISSUR 2. THE MANAGER FEDERAL BANK LIMITED MATHUR BRANCH, PALAKKAD DIST 3. JACOB MATHEW, W/O. M.V. MATHAI MUTHAT HOUSE, VADAKKANCHERY, PALAKKAD DISTRICT 4. SARAMMA MATHAI MUTHAT HOUSE, W/O. M.V. MATHAI VADAKKANCHERY, PALAKKAD DISTRICT 5. JAISON MATHEW, S/O. M.V. MATHAI MUTHAT HOUSE, VADAKKANCHERY, PALAKKAD DISTRICT 6. JESSY MATHEW, D/O.M.V. MATHAI MUTHAT HOUSE, VADAKKANCHERY, PALAKKAD DISTRICT 7. JOLLY MATHEW, D/O. M.V. MATHAI MUTHAT HOUSE, VADAKKANCHERY, PALAKKAD DISTRICT WP(C).22961/08 2 ADDL.R8. P.J.KUNJACHAN, PUTHANPURAKKAL HOUSE, IRINKKENCHIRA, KORENCHIRA P.O., PALAKKAD DT. (ADDL.R8 IMPLEADED VIDE ORDER DATED27.8.08 ON I.A.NO.11246/08) R1, R2 BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN ADDL.R8 BY ADV.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P FOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.22961/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.NO.9/05 OF THE DISTRICT COURT PALAKKAD. EXT.P2: TRUE COPY OF NOTICE DATED 23.6.08 ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE REPRESETATION DATED 25.7.08 FILED BY THE PETITIONER BEFORE RESPONDENTES 1 AND 2. RESPONDENT'S EXHIBITS: EXT.R8(a): TRUE COPY OF THE SALE CERTIFICATE DATED 13.8.08 ISSUED BY THE RESPONDENT NO.1. EXT.R8(b): TRUE COPY OF THE RECEIPT DATED 13.8.2008 ISSUED BY THE 1ST RESPONDENT ON REMITTING THE PRUCHASE PRICE. EXT.R8(c): TRUE COPY OF THE SKETCH AND THE CERTIFICATE SHOWING THE HANDING OVER OF POSSESSION OF THE PROPERTY. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22961 OF 2008 ------------------------------------------- Dated this the 29th day of January, 2009 JUDGMENT 1. Petitioner is the wife of one M.V.Mathai, who is now no more. She states that after the death of Mathai, certain documents were created by the paternal uncle of Mathai and this has led to certain distress action at the instance of the Federal Bank. The petitioner has filed a suit as O.S.No.49/98 before the Sub Court, Palakkad seeking declaration of title. It is also stated that A.S.9/05 is now pending against the dismissal of that suit. 2. Under the SARFAESI Act, the property was sold and it has been purchased by the 8th respondent and another. They are put in possession also. Obviously therefore, the parties have to stand by any decision that the District Court may render ultimately as regards title. Without prejudice to the right of the petitioner to prosecute the first appeal pending before the District Court, Palakkad, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.