IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16099 of 2008(N)
1. MADHAVAN NAIR, S/O.NANUPILLAI AGED 70
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE KOLLAM DISTRICT CO-OPERATIVE BANK
3. THE SALE OFFICER (EZHUCONE BRANCH)
4. M.BHARGAVI AMMA,VALIYA VEETIL PLAPPALLIL
For Petitioner :SRI.K.S.MANU (PUNUKKONNOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/05/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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WP(C).No.16099 of 2008-N
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Dated this the 30th day of May, 2008.
JUDGMENT
1.Heard the learned counsel for the petitioner, the
learned counsel for the second respondent and the
learned Senior Government Pleader for respondents
1 and 3. Notice to the fourth respondent is
dispensed with preserving her right to move this
Court for review of this judgment, if aggrieved.
2.According to the petitioner, the fourth
respondent, who is the widow of his younger
brother was a surety for a facility availed by
one Vijayachandran from the second respondent.
It is also stated that one Padmakumari is also a
surety for that transaction. An arbitration award
was passed in a proceeding that commenced in
1998. Petitioner has now filed Ext.P1 which has
WP(C)16099/2008 -: 2 :-
been placed before the third respondent
essentially claiming that the movables in the
family house belonged to the petitioner and his
surviving brother and did not belong to the late
husband of the fourth respondent. Whatever be the
quality of the claim made in Ext.P1, that
application needs to be considered and disposed
of without delay. That apart, it is quite
surprising to note that the execution of the
award passed in a proceeding commenced in 1998 is
still not over. I would wonder as to what action
has been taken against the movable and immovable
assets or person of the principal debtor, the co-
surety and also against any immovable property of
the fourth respondent. This is a matter for the
bank to pursue before the third respondent.
Without expressing anything on merits, this writ
petition is disposed of preserving the right of
parties to the proceedings to contest the matter
in accordance with law, however, directing that
final decision shall be taken on Ext.P1 at the
WP(C)16099/2008 -: 3 :-
earliest, at any rate, within a period of three
months from the date of receipt of a copy of this
judgment.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/030608