LAWS(KER)-2018-4-77

JESSIYA Vs. C A SALIM

Decided On April 11, 2018
Jessiya Appellant
V/S
C A Salim Respondents

JUDGEMENT

(1.) P K Nazar and Jasmine Nazar, husband and wife, borrowed money from Catholic Syrian Bank Limited. For that loan transaction, Jessiya, the review petitioner in one case, and appellant in the unnumbered writ appeal, stood guarantee. On familial terms, Jessia is the sister of Jasmine and sisterin-law of P K Nazar.

(2.) The borrowers defaulted, the Bank brought recovery proceedings and eventually had the mortgaged properties sold in auction. One Salim purchased the property that included Jessiya's 28 cents land, too.

(3.) Questioning the recovery proceedings, P K Nazar filed OP (DRT) No.6 of 2014, but did not add Jessiya, the guarantor, as a party. On the other hand, Salim, the auction purchaser, also filed a writ petition: W.P. (C) No.931 of 2014, to which Jessiya is a party.