P.M.Sreedharan vs Vazhoor Farmers Service … on 17 November, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17656 of 2003(B)


1. P.M.SREEDHARAN,
                      ...  Petitioner

                        Vs



1. VAZHOOR FARMERS SERVICE CO-OPERATIVE
                       ...       Respondent

2. ASSISTANT REGISTRAR OF CO-OPERATIVE

3. SALE OFFICER AND ASSISTANT REGISTRAR OF

4. P.M.MOHANAN,

                For Petitioner  :SRI.N.NAGARESH

                For Respondent  :SRI.RAJEEV V.KURUP

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :17/11/2006

 O R D E R
                           KURIAN JOSEPH, J.

                          ----------------------------

                      W.P.(C).No.17656 OF 2003

                          -----------------------------

              Dated this the 17th day of November, 2006


                             J U D G M E N T

Petitioners are aggrieved by the recovery steps initiated

against the property of the 4th respondent. According to the

petitioners, the transaction between late Sreedharan (1st

petitioner) and the 4th respondent transferring the property with

the 1st respondent bank is fraudulent. The Civil suit,

O.S.No.335/2003, on the file of the Munisiff court, Kollam is

pending in the matter. The learned counsel for the 1st respondent

bank submits that the 4th respondent had duly mortgaged the

property to the 1st respondent while availing the loan and huge

amounts are due from the 4th respondent and hence steps have

been taken to proceed against the property. In case the

petitioners have any grievance left, they may pursue the matter

before the Civil Court since the essential grievance is against the

4th respondent. Without prejudice to such liberty this writ petition

is dismissed.

(KURIAN JOSEPH, JUDGE)

ps

O.P.No. :2:

KURIAN JOSEPH, J.

W.P.(C).No.17656/2003

JUDGMENT

17th November, 2006