THE SOUTH INDIAN BANK LTD. Vs. SMT. BINU,

JUDGEMENT

(1.) THIS writ appeal illustrates a classic example of sheer abuse of judicial process, and that too at the hands of a financial institution, a scheduled Bank.

(2.) RESPONDENT No. 1 was the successful bidder in a revenue sale held way back in the year 1999. The proceedings were initiated at the instance of Excise authorities for recovery of Abkari kist due from one Subramonian. It is the admitted position that the sale held by the revenue authority was confirmed and sale certificate was issued in favour of respondent No. 1.

(3.) BUT , according to respondent No. 1, even after this, the appellant started to propagate and proclaim in the locality that the property purchased by her in revenue sale did not belong to her and the appellant had still got valid subsisting right in the said property. It was at that stage that respondent No. 1 had filed the writ petition under Article 226 of the Constitution primarily with a prayer to issue a declaration that she is the absolute owner of the property in question having an extent of one acre and four cents situated in R.Sy. No. 190/3P and 190/5P of Vadakkummuri Village in Thrissur District.