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2026 Supreme(Online)(Ker) 13208

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ANNAMMA CHERIAN – Appellant
Versus
AUTHORIZED OFFICER M/S. DEWAN HOUSING FINANCE CORPORATION LTD. – Respondent
WP(C) NO. 1047 OF 2022



Advocates:
For the Appellants/Petitioners: SMT.LIZA P. CHERIAN
For the Respondents: SRI. DENU JOSEPH, SC

The court emphasizes the need for interim relief in prolonged possession disputes, allowing future reopening of petitions.

Headnote:The petitioners sought a writ of mandamus against the respondents to stay possession operations under Section 13(4). Notably, no interim orders were passed during the four-year pendency of the petition. The Court concluded by dismissing the petition with liberty to re-open should circumstances warrant it. The key issue involved the adequacy of interim relief in residential possession cases, with the court underscoring that unresolved issues could allow for future hearings.

JUDGMENT

Dated this the 23rd day of February, 2026 The writ petition is filed seeking a writ of mandamus directing the respondent staying all operations for taking possession of the residential building in furtherance of Ext.P4 and all further coercive measures in pursuance of Ext.P6 notice from the respondent.

Ext.P4 is a notice issued under Section 13(4). Records reveal that no interim order is passed by this Court. Moreover, the writ petition is pending for the last four years without any orders. In such circumstances, the writ petition is closed with liberty to re-open, if any cause survives.

Sd/-

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