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2026 Supreme(Online)(Mad) 25657

IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
S.Alamelu – Appellant
Versus
The Senior Manager, UCO Bank, Periyakalapet Branch – Respondent
WMP NO. 21119 OF 2022



Advocates:
For the Appellants/Petitioners: No Appearance
For the Respondents: Mr.R.Chandramohan

Writ petition dismissed for non-prosecution due to petitioner's non-appearance.

Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution directing the bank to return original title deeds deposited via equitable mortgage through a registered Memorandum of Deposit dated 17.12.2012 (Doc. No. 5665/2012). The court noted no appearance by the petitioner despite the matter being called for hearing. Respondent's counsel submitted that the petitioner's account was regularized and withdrawal was anticipated. The writ petition was dismissed for non-prosecution, with no costs, and connected miscellaneous petition closed. Issue: Direction to release title deeds post account regularization. Ratio: Absence of petitioner despite hearing listing warranted dismissal for non-prosecution, accepting respondent's statement on account status. Writ petition dismissed for non-prosecution.

Table of Content
1. prayer to return title deeds after equitable mortgage. (Para 1)
2. no petitioner appearance; account regularized. (Para 2 , 3)
3. dismissed for non-prosecution. (Para 4)

PRAYER:- Writ Petition filed under article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents to return the Original title deeds deposited by way of equitable mortgage by executing Memorandum of Deposit of Title Deed dated 17.12.2012 in favour of the Respondent bank, registered on 18.12.2012 to the petitioner and to execute a receipt of discharge of Memorandum of deposit of title deed dated

17.12.2012 registered on 18/12/2012 (Doc. No. 5665 /2012 ) in favour of the petitioner.

For Petitioner(s): No Appearance For Respondent(s): Mr.R.Chandramohan

ORDER

This writ petition has been filed seeking to direct the respondents to return the original title deeds deposited by way of equitable mortgage by executing Memorandum of Deposit of Title Deed dated 17.12.2012 in favour of the respondent bank, registered on 18.12.2012 to the petitioner and to execute a receipt of discharge of Memorandum of deposit of title deed dated 17.12.2012 registered on 18/12/2012 (Doc. No. 5665 /2012 ) in favour of the petitioner.

2.When the matter is taken up for hearing, none appeared on behalf of the petitioner.

3.Learned counsel appearing for the respondents would submit that the petitioner’s bank account has been uplifted and regularised and he got an instruction from his client that the petitioner is going to withdraw this writ petition.

4.In view of the above, recording the submissions made by the learned counsel appearing for the respondents, this writ petition is dismissed for non- prosecution. No costs. Consequently, connected miscellaneous petition is closed.

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