P. Ramesh vs The Indian Bank and Others

R. Sudhakar, J.—This writ petition has been filed praying to issue a direction, directing the 2nd respondent to hand-over the possession as well as the key of the premises at No. 38, R.S. No. 776, New R.S. No. 224/4, House Site, a portion of plot No. 6, 7 and 8 in Salai Nagar, Ellis Nagar, Madurai, to the petitioner, forthwith, as interim arrangement, till the disposal of the suit in O.S.No.446 of 2000 on the file of the 1st Additional Sub-Ordinate Judge, Madurai.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The learned counsel for the 1st respondent bank submitted that though an order was obtained from the Chief Judicial Magistrate, Madurai, for taking possession the property, the same could not be executed in view of the Full Bench decision of this Court in K. Arockiyaraj Vs. The Chief Judicial Magistrate, Srivilliputhur and The Housing Development Finance Corporation Limited, . He would further submit that they will proceed further in the matter, in accordance with law, to take possession of the property.

In view of the above, at this stage, no relief can be granted as prayed for in this writ petition. Accordingly, this writ petition is dismissed. No costs. Connected M.P. (MD) No. 1 of 2012 is also dismissed.