Robin Abraham vs The Manager on 21 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35148 of 2009(K)


1. ROBIN ABRAHAM,
                      ...  Petitioner

                        Vs



1. THE MANAGER, KERALA FINANCE
                       ...       Respondent

2. JOSSY ABRAHAM,

                For Petitioner  :SRI.K.JAYAKUMAR

                For Respondent  :SRI.M.M.SAYED MUHAMMED, SC, KFC

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :21/12/2009

 O R D E R

P.N.RAVINDRAN,J.

—————————————-
W.P.(C) No.35148 of 2009 – K

—————————————-
Dated 21st December, 2009

Judgment

Heard Sri.K.Jayakumar, the learned counsel appearing for

the petitioner, Sri.M.M.Saidu Mohammed, the learned standing

counsel appearing for the Kerala Financial Corporation and

Sri.Sergi Joseph Thomas, the learned counsel appearing for the

second respondent.

2. The learned standing counsel appearing for the Kerala

Financial Corporation submits that the petitioner, the decree

holder in O.S.No.95 of 2001 on the file of the Court of the

Subordinate Judge of Thodupuzha has discharged the loan

availed from the Kerala Financial Corporation. The learned

counsel appearing for the second respondent however submits

that mere payment to the Kerala Financial Corporation is not

enough and that the petitioner should also take steps to effect

necessary corrections in the sale deed executed by the court

below. He relies on the directions in Ext.P2 in support of the

said contentions. A reading of Ext.P2 judgment of this Court

W.P.(C) No.35148/2009 2

makes it abundantly clear that the corrections to be carried out

in the sale deed are meant to safeguard the interest of the

petitioner also and not of the second respondent alone. The

learned counsel appearing for the petitioner submits that as

directed by this Court, he has also moved the court below to

effect necessary corrections in the sale deed. Therefore, as the

entire liability to the Kerala Financial Corporation has been

discharged, I am of the opinion that the documents of title

deposited for availing a loan for Hotel Vanarani (Hotel Kumily

Gate) should be returned to the petitioner.

I accordingly direct the first respondent to return the

original of the title deeds to the petitioner within one week

from the date on which the petitioner produces a certified copy

of this judgment before the first respondent.

The writ petition is disposed of as above.

P.N.RAVINDRAN
Judge

vaa