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2016 Supreme(Ker) 262

ASHOK BHUSHAN, A.M.SHAFFIQUE
P. M. KELUKUTTY – Appellant
Versus
YOUNG MEN'S CHRISTIAN ASSOCIATION – Respondent


Advocates Appeared:
For the Appellant :SRI. A. SUDHI VASUDEVAN, SENIOR ADVOCATE & SRI. JOSE JONES JOSEPH, ADVOCATE.
For the Respondent:SRI. E. NARAYANA, SRI. M. MOHAMED NAVAZ, SRI. S. EASWARAN, SRI. P. MURALEEDHARAN (IRIMPANAM), SRI. M.A. AUGUSTINE, SRI. P. SREEKUMAR (THOTTAKKATTUKARA), ADVOCATES.

JUDGMENT :

ASHOK BHUSHAN, J.

1. These three Writ Appeals arise out of a common judgment dated 19.01.2016 delivered in W.P.(C) Nos.30016 of 2015, 33407 of 2015 and 33798 of 2015. Writ Petitions were filed challenging the order dated 18.08.2015 passed by the learned Chief Judicial Magistrate, Kozhikode by which order the learned Chief Judicial Magistrate allowed the applications filed by the United Bank of India under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the 2002 Act”) for getting possession of the properties covered by Exts.P3 to P13, whereas the applications for taking possession of properties covered by Exts.B1 and B2 were rejected. Writ Petitions were filed by the petitioners who claim to be tenants of the properties, Exts.B3 to B13, challenging the orders passed by the learned Chief Judicial Magistrate which Writ Petitions have been dismissed by the learned Single Judge. Aggrieved by the judgment of the learned Single Judge, these three Writ Appeals have been filed.

































































































































































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