IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 1542 of 2010(P) ------------------------- PETITIONER(S): --------------- K.B.KANNAN,AGED 45 YEARS,HINDU, S/O.LATE K.K.BALAN,RESIDING AT KELAMANGALATH HOUSE S.R.M.ROAD,COCHIN-19. BY ADV. SRI.GIKKU JACOB RESPONDENT(S): --------------- CATHOLIC SYRIAN BANK LTD.,REGISTERED OFFICE AT TRICHUR AND BRANCH AT MARKET ROAD, ERNAKULAM,REPRESENTED BY ITS BRANCH MANAGER, CATHOLIC SYRIAN BANK,MARKET ROAD BRANCH, ERNAKULAM. BY SRI.B.S.KRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.1542 of 2010 ------------------------------------------------ Dated this the 16th day of February, 2010 JUDGMENT The writ petitioner is the 4th defendant in O.S.No.407 of 2000 before the Subordinate Judge's Court, Ernakulam as well as in the Second Additional Subordinate Judge's Court, Ernakulam. Above said two original suits were filed by the respondents for realisation of money. An ex-parte decree was passed in both the suits as per Ext.P1 and P2 and petitioner filed R.F.A.No.326 of 2008 against Decree and Judgment in O.S.407 of 2000 and R.F.A.No.324 of 2008 against judgment and decree in O.S.No.408 of 2000 before this Court. This Court directed the appellants to deposit Rs.7 lakhs within a specified time and if those amounts are deposited, it was ordered that the decree will stand satisfied. A further stipulation was also there to the effect that on default of payment as stated above the decree in both the suits will stand confirmed. Ext.P3 is the said judgment. A review petition has also been dismissed by Ext.P4. According to the petitioner, remaining Rs.7 lakhs were paid on 7/9/2009. It is evidenced by Exts.P5 to P5 (b). W.P.(C)No.1542 of 2010 2 2. For getting the originals of the documents, the petitioner approached the Bank and since no action is being taken by the Bank in that regard the petitioner has filed this writ petition. 3. Heard the learned counsel for the petitioner and learned counsel for the Bank. It is submitted by the learned counsel for the Bank that the Bank has taken steps to approach the Apex Court in the matter and in the meanwhile a settlement was arrived at pursuant to which the petitioner deposited a further amount of Rs.3.75 lakhs. Therefore, the disputes have since been amicably settled between the parties. A memo has been filed by the petitioner to that effect. It is submitted that the documents are now in the court concerned and therefore the Bank will take steps to see that the documents are returned without any delay. The learned counsel for the petitioner submitted that they have already entered into agreements for sale with certain intending purchasers. Therefore, unless urgent orders are issued to return the documents by the concerned Court it will cause hardship to them also. W.P.(C)No.1542 of 2010 3 4. Therefore, if the Bank approaches the Subordinate Judges Court for return of the documents, the said Court will see that urgent orders are passed and the documents will be returned so as to avoid any hardship to the petitioner. This writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE skj