2025:KER:26081 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 11712 OF 2025 PETITIONER: RAJESH, AGED 45 YEARS, S/O NANDINI, PUTHUSSSERI HOUSE, PANIPRA P.O.,AYAKADU KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN – 686 692. BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 THE FEDERAL BANK LTD, ERNAKULAM DIVISION, GROUND FLOOR, MARINE DRIVE, ERNAKULAM DISTRICT, REPRESENTED BY ITS ASSISTANT VICE PRESIDENT, PIN – 682 031. 2 THE ASSISTANT VICE PRESIDENT AND THE AUTHORIZED OFFICER, FEDERAL BANK LTD., ERNAKULAM DIVISION, GROUND FLOOR, MARINE DRIVE, ERNAKULAM DISTRICT, PIN – 682 031. 3 DHANYA RAJEEV, W/O ANEESH K.K., KODIYANTHARA CHIRAYIL HOUSE, PINDIMANA P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN – 686 692. BY ADVS. P.PAULOCHAN ANTONY P (SC) SREEJITH K.(K/380/2005) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26081 WP(C) 11712/2025 2 JUDGMENT This writ petition has been filed challenging the proceedings initiated by the 1st respondent bank to sell the property of the 3rd respondent for recovery of amounts due to the bank. 2. According to the petitioner, the property of the 3rd respondent had been attached by the petitioner in O.S.No.220/2023 on the file of the Munsiff Court, Kothamangalam. 3. The learned counsel appearing for the petitioner submits that the liability for which the property was brought to sale is approximately Rs.42,00,000/- (Rupees Forty Two Lakhs Only) and the upset price of the property is shown to be approximately Rs.70,00,000/- (Rupees Seventy Lakhs Only). It is submitted that the only claim of the petitioner is that any amount received by the respondent bank over and above the amount due to it must be made available to the benefit of the petitioner and must 2025:KER:26081 WP(C) 11712/2025 3 be deposited before the Munsiff Court, Kothamangalam, to the extent required to satisfy the claim of the petitioner in the suit. 4. The learned counsel appearing for the respondent bank submits that the sale in question was scheduled on 25-03-2025. It is submitted that the sale has been adjourned as there were no bidders. It is also submitted that the co-borrower in the loan transaction of the 3rd respondent with the bank had filed W.P(C)No.11386/2025 and this Court has permitted the petitioner therein to clear the liabilities in instalments. It is submitted that any amount received by the bank over and above the dues to the bank (if at all any sale is conducted by the bank) will be deposited before the Munsiff Court, Kothamangalam, to the extent required for meeting the claim of the petitioner. Taking the aforesaid submissions into consideration, the writ petition will stand closed. Sd/- GOPINATH P. JUDGE ats 2025:KER:26081 WP(C) 11712/2025 4 APPENDIX OF WP(C) 11712/2025 PETITIONER’S EXHIBITS Exhibit P-1 TRUE COPY OF THE PLAINT IN RESPECT OF O.S.NO.220/2023 DATED 12-12-2023 Exhibit P-2 TRUE COPY OF I.A.NO.2/2023 IN O.S.NO.220/2023 DATED 12-12-2023 Exhibit P-3 TRUE COPY OF THE ATTACHMENT SCHEDULE ALONG WITH EXHIBIT P-2 I.A. FILED BEFORE THE MUNSIF COURT DATED 12-12-2023 Exhibit P-4 TRUE COPY OF THE ORDER DATED 12-12-2023 IN I.A.NO.2/2023 IN O.S.NO.220/2023 Exhibit P-5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19-03-2025