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Madras High CourtWP/30842/2022disposed of

N.Jeyamani v. The Manager

2023-07-31Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Jeyamani ..

Petitioner Vs 1.The Manager, Central Bank of India, No.28, Sri Vare Towers, Opp. SITRA, Avinashi Road, Civil Aerodrome Post, Coimbatore-641 014.

2.Swetha ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondent bank to consider the petitioner's representation dated 05.07.2022 and to direct the respondent to release the document No.2651 of 2000 dated 27.09.2000 to the petitioner.

For the Petitioner : Mr.V.Maharajan For the Respondents : Mr.D.Babu Varadharajan for Mr.C.Ramaiah for respondent No.1

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.v.Maharajan, learned counsel for the petitioner and Mr.D.Babu Varadharajan, learned counsel for the first respondent.

2. Learned counsel for the petitioner submits that the husband of the petitioner was the owner of the property. After his death, the son of the petitioner mortgaged the property with the first respondent bank. The petitioner cleared the entire loan amount. The petitioner sought for title documents. The bank is not releasing the documents.

3. Learned counsel for the bank submits that the son of the petitioner had mortgaged the property and submitted the documents. Still more than Rs.10 lakh is due.

4. We may not enter into the said dispute. Admittedly, the petitioner has not mortgaged the property. The petitioner is not the absolute owner of the property even according to the petitioner. The petitioner may get her right established before the competent court of law. In that event, all contentions are kept open.

5. With these observations, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 31.07.2023 Index :

Yes/No Yes/No bbr To:

The Manager, Central Bank of India, No.28, Sri Vare Towers, Opp. SITRA, Avinashi Road, Civil Aerodrome Post, Coimbatore-641 014.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 31.07.2023