IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37575 of 2008(W)
1. PALLIPARAMBATH BHASKARAN
... Petitioner
Vs
1. UNION BANK OF INDIA
... Respondent
For Petitioner :SRI.R.SUDHISH
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :18/12/2008
O R D E R
K.P. BALACHANDRAN, J
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W.P(C) NO: 37575 OF 2008
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Dated this the 18th December,2008.
JUDGMENT
The plaintiff in O.S.76/2007 on the file of the Munsiff’s Court,
Kozhikode filed A.S.226/2008 before the District Court which is
now pending before the Additional Sub Court as A.S.138/2008. He
moved an application for injunction restraining the
respondent/bank from trespassing into the property belonging to
him having an extent of 4 cents which lies adjoining the property
of 19.4 cents that belongs to his wife. The said injunction petition
was dismissed by the first appellate court on 17.12.2008 and the
petitioner has applied for carbon copy of the order so passed but
he has not received copy. Counsel for the petitioner submits that
though this petition is filed praying for a direction being given to
the Sub Judge, Kozhikode to issue certified copy of the said order
on I.A.4090/2008, it is enough that status quo is ordered till
carbon copy of the order is issued to him so as to enable him to
have his grievance redressed by filing an appeal as he would be
getting carbon copy either today or tomorrow.
2. Adv. Shri. A.S.P. Kurup enters appearance for the
respondent/bank and submits that the property of the plaintiff is
WPC 37575/2008 2
not hypothecated to the bank; that it is only the property of his
wife that is pledged to the bank and that the bank does not want to
proceed against the property of the petitioner or take possession
thereof resorting to the Securitisation Act (for short) and that the
attempt of the petitioner is to obstruct the respondent/bank from
taking proceedings against the properties belonging to his wife
which is mortgaged to the respondent/bank.
3. In view of the submission so made by the counsel for the
respondent and in view of the fact that the petitioner has already
applied for carbon copy of the order delivered yesterday and will be
supplied with carbon copy of the order either today or tomorrow
there is no necessity for any order being passed by this Court in
this writ petition. This writ petition in the circumstances is closed.
K.P.BALACHANDRAN
Judge
jj
WPC 37575/2008 3
K.K.DENESAN & V. RAMKUMAR, JJ.
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M.F.A.NO:
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JUDGMENT
Dated: