IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30550 of 2008(J)
1. SABITHA AZEEZ, 42 YEARES,
... Petitioner
2. NISHA, W/O.BASHEER,
Vs
1. GENERAL MANAGER,
... Respondent
2. BRANCH MANAGER, CANARA BANK, CANTONMENT,
3. INTEGRATED HOUSING DEVELOPERS LTD.,
4. MAHESH, S/O.MANOHARAN,
5. R.PREMCHAND, S/O.V.P.B.NAIR,
6. REMA.B.NAIR,
For Petitioner :SRI.P.K.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :21/10/2008
O R D E R
V.GIRI, J
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W.P.(C).30550/2008
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Dated this the 21st day of October, 2008
JUDGMENT
Petitioners purchased 4.5 cents of land each in
Resurvey No.1286 at Kadakampally Village, from
respondents 3 to 7, under Exts.P1 and P2 sale deeds.
Their grievance is that the existence of the mortgage
over the property created by respondents 3 to 7 by a
deposit of title deeds in favour of the Canara Bank,
was not disclosed to them at the time of Exts.P1 and
P2. Petitioners came to know of it only later.
Petitioners have approached the Bank with a request
for redemption of the property covered by Exts.P1 and
P2.
2. Learned counsel for the Bank, Mr.Gopinatha
Menon, submits that acceptance of the request made
by the petitioners would essentially affect the integrity
of the mortgage. Request made by the petitioners in
Ext.P7 is pending before the competent officer of the
Bank. It is upto the petitioners to pursue the same
W.P.(C).30550/2008
2
and it is upto the Bank to take a decision on the request.
Subject to the above, writ petition is disposed of.
V.GIRI,
Judge
mrcs