SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 5209

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
GIRIJAN.K. – Appellant
Versus
AUTHORIZED OFFICER KODUNGALLUR TOWN CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 7680 OF 2020



Advocates:
For the Appellants/Petitioners: SMT.K.V.BHADRA KUMARI, SMT.P.V.RADHAMANI
For the Respondents: SRI. V. M. KRISHNAKUMAR, SC

The court reaffirmed that when relief sought in a writ petition becomes infructuous, it may be closed.

Headnote:This writ petition seeks to quash a notice issued by an Advocate Commissioner and for an extension on loan repayment time. The respondents affirmed possession was taken and the property auctioned. The court determined the petitions became infructuous due to ongoing proceedings in the Debts Recovery Tribunal. The court's ruling confirms the closure of the petition as there was no longer a matter requiring resolution.

JUDGMENT

(Dated this the 28th day of January, 2026)

This writ petition has been filed for a direction to quash Ext.P3 notice issued by the Advocate Commissioner and for a further direction to the respondents to give three months’ time for repayment of the entire loan amount.

The learned counsel for the respondents submits that physical possession of the property has already been taken. Subsequently, the property was sold in auction, and it was purchased by the Bank. The petitioner has already approached the Debts Recovery Tribunal by filing SA No.1/2022, which is still pending.

In such circumstances, the prayers sought for in this writ petition have already become infructuous. Accordingly, the writ petition stands closed.

SD/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top