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2021 Supreme(Ker) 360

S.MANIKUMAR, SHAJI P.CHALY
Mathew Joseph – Appellant
Versus
State Of Kerala, Represented By Its Additional Chief Secretary, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Grashious Kuriakose, (Sr.), Sri.Raju K.Mathews, Advs.
For the Respondent: Sri.Y Jaffer Khan, Gp, Sri.S.Sujin, Advs.

JUDGMENT :

S.Manikumar, J.

Being aggrieved by the interim order dated 15.3.2021 in W.P. (C)No.22383 of 2020, instant writ appeal is filed. Short order impugned in this appeal is reproduced:

    "I have heard Sri.Raju K. Mathews, the learned counsel appearing for the petitioners in W.P.(C) No.22383 of 2020, Sri.S.Sujin, the learned counsel appearing for the petitioner in W.P.(c) No.26461 of 2020 as well as Sri.Jaffar, the learned Government Pleader.

2. From the submissions advanced, it appears that the property comprised in Sy.No.19/1 in Kattapana Village having an extent of 4 cents was mortgaged with the ING Vysya Bank. The specific contention of the learned Government Pleader is that the property over which the petitioners in W.P.(C) No.22383 of 2020 claim possession is the property which was mortgaged with the bank. However, the petitioners have not chosen to implead the ING Vysya Bank as a respondent. I am of the considered opinion that for an effective adjudication of the disputes involved, the ING Vysya Bank is also a necessary party.

In view of the above, the "ING Vysya Bank, Shema Building, M.G.Road, Ravipuram, Ernakulam - 682 016 represented by its Chief Manager" is suo motu implead

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