K.A.Sathish Krishnan v. The Federal Bank Of India Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 WP(C).No.31618 of 2014 (B) --------------------------------------- PETITIONER:

------------------- K.A.SATHISH KRISHNAN,S/O.LATE K.APPUKUTTAN NADAR, AGED 42 YEARS,KUNNOTH HOUSE,EDAYAR, BINANIPURAM P.O.,ERNAKULAM.

BY ADV.SRI.DENIZEN KOMATH RESPONDENT'S:

------------------------ 1.

THE FEDERAL BANK OF INDIA LTD, PAPPANAMCODE BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER - 695 614.

2.

KRISHNANKUTTY,S/O.PONNUNADAR,671, CHIRATHALAVILAKAM 3,BALARAMAPURAM P.O., THIRUVANANTHAPURAM - 695 501.

3.

SASIDHARAN,CHIRATHALAVILAVEEDU, SWANKOVIL ROAD,BALARAMAPURAM P.O., THIRUVANANTHAPURAM - 695 501.

R1 BY ADVS.SRI.A.ANTONY SMT.LEELAMMA ANTONY R3 BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.31618 of 2014 (B) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------- P1 -TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF APPUKUTTAN NADAR. P2 - TRUE PHOTOCOPY OF THE FINAL ORDER IN OA NO.111/2008. P3 - TRUE PHOTOCOPY OF PROCLAMATION AND SALE NOTICE DT. 12.11.14. RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

-------------------------------------- W.P.(C) No.31618 of 2015 ------------------------------------------------ Dated this the 11th day of June, 2015

J U D G M E N T

The matter was settled in the mediation. The settlement order would also form part of this direction. There are unanimity among the parties before this Court. Based on the unanimity, the following directions are issued:

i) The auctioned property shall be released to the writ petitioner.

ii) The amount deposited by the 3rd respondent, shall be released to the Federal bank.

2.

It is submitted that the writ petitioner has discharged the entire liability towards auction purchaser. Needful shall be done by the Debts Recovery Tribunal within a period of one month from the date of receipt of a copy of this judgment. In view of the above, the sale conducted in respect of the property is set aside.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/