IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 42452 OF 2023 PETITIONER:

SREEDEVI K AGED 62 YEARS D/O DAMODARAN NAIR, SREEGIRIJA NIVAS, THIRUVANNUR NADA P.O, KOZHIKODE, PIN – 673029 BY ADVS.

MAHESH V RAMAKRISHNAN K.PRAMOD RESPONDENTS:

1 AUTHORISED OFFICER,SOUTH INDIAN BANK LTD, CIRCLE SASTRA CENTRE, SHATHABDI BHAVAN, MINI BYE-PASS ROAD, GOVINDAPURAM, KOZHIKODE, PIN - 673016

2 THE MANAGER, SOUTH INDIAN BANK LTD

1ST FLOOR, HAPPY TOWN, VAIKOM MUHAMMED BASHEER ROAD, MANAMCHIRA POST, KOZHIKODE, PIN - 673001

3 THE SOUTH INDIAN BANK LTD REPRESENTED BY ITS REGIONAL MANAGER, 1ST FLOOR, HAPPY TOWN, VAIKOM MUHAMMED BASHEER ROAD, MANAMCHIRA POST, KOZHIKODE -, PIN - 673001

4 JINESH K KANIPOYIL HOUSE, GURUVAYOORAPPAN COLLEGE P.O, KOZHIKODE, PIN – 673014 SRI.MOHAN JACOB GEORGE-R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

JUDGMENT

Dated this the 8^th day of January, 2024 The petitioner, who has availed financial advance from the South Indian Bank Limited, has filed this writ petition seeking to quash Ext.P4 notice and to direct respondents 1 to 3 not to confirm the sale held pursuant to Ext.P4.

2. Standing Counsel submitted that the sale is already conducted pursuant to Ext.P4 and the sale stands confirmed also, on 29.11.2023.

3. In view of the afore developments, the petitioner will have to approach the Debts Recovery Tribunal, if the petitioner wants to challenge the said sale.

In view of the above, the writ petition is disposed of without granting any relief to the petitioner, however, permitting the petitioner to approach the Debts Recovery Tribunal for appropriate relief, if the petitioner is so advised.

Sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 42452/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 09-05-

2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 04-08-2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 14-11-

2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE TENDER CUM AUCTION SALE NOTICE DATED 29-07-2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE PETITIONER TO RESPONDENT NOS.2 AND 3.

Exhibit P6 TRUE COPY OF THE NOTCE DATED 01-12-

2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER