IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 32384 of 2010(W) ---------------------------------- PETITIONER(S): ------------------- K.KRISHNAN, SHEEBA NIVAS, KANHANGAD SOUTH, KANHANGAD VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENT(S): -------------------- 1. THE SYNDICATE BANK, TEMPLE ROAD, NEELESWAR, KASARGOD DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. PIN - 671 121. 2. PALLIYATH SHEELA, W/O. VIJAYAN, RESIDING AT KORATHIKUNNU, PUTHUKAI.P.O., HOSDURG, KASARGOD DISTRICT - 671 121. R1 BY ADV. SRI.R.S. KALKURA, SC., SYNDICATE BANK R2 BY ADV. SMT.CHINCY GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 32384/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REGISTERED SALE DEED DATED 06/11/2009. P2: COPY OF NOTICE DATED 10/04/2010. P3: COPY OF REPRESENTATION DATED 27/09/2010. P4: COPY OF RECEIPT DATED 01/10/2010. P5: COPY OF REPRESENTATION DATED 07/10/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.32384 of 2010 ---------------------------------------- Dated this the 12th day of July, 2011. J U D G M E N T The petitioner submits that he purchased certain properties belonging to the 2nd respondent. The 2nd respondent had mortgaged the property to the 1st respondent Bank. Since the liability was not discharged, the petitioner himself, discharged the entire liability. Inspite of it, due to the non co-operation of the 2nd respondent, the documents deposited by her were not released by the 1st respondent Bank to the petitioner. It is in these circumstances, the writ petition is filed. 2. Though the aforesaid facts are undisputed by all parties including the Bank, today the learned counsel for the 2nd respondent has submitted before this Court that the disputes between herself and the petitioner has been settled and that she has no objection in the Bank releasing the title deeds to the petitioner. 3. In the light of the submissions so made there W.P(C) No.32384 of 2010 2 cannot be any further objection on the part of the 1st respondent in releasing the title deed deposited by the 2nd respondent to the petitioner. 4. Therefore, the writ petition is disposed of directing that on production of a copy of this judgment, the 1st respondent shall release the title deed pertaining to the property having an extent of 10 cents and a residential house situated in Resurvey No.170/2010 of Kanjagad Village deposited by the 2nd respondent to the petitioner. ANTONY DOMINIC ab JUDGE W.P(C) No.32384 of 2010 3