The petitioner in this writ petition had offered a property of 10 cents as security to the 1st respondent Bank in connection with a loan availed from it by the 2nd respondent who is the son of the petitioner. It is stated that subsequently, the petitioner settled the property that was offered as security, in favour of her daughter. Thereafter, when the petitioner approached the Bank for getting a release of the said property from the charge of the Bank, the Bank was reluctant to release the same in the absence of any substituted security for the loan advanced. It is stated that the petitioners son, the 2nd respondent herein, being disgruntled with the fact that the property was settled in favour of his sister by the mother, was creating obstructions in the matter of the petitioner getting the documents from the Bank.
2. The 1st respondent Bank is represented by counsel who submits, on instructions, that the Bank has no objection in releasing the security document to the petitioner if the petitioner discharges the entire liability that is due to the Bank.
W.P.(C).No.6402 of 2014 2 The petitioner has expressed her willingness to discharge the entire liability due to the Bank. Under these circumstances, the writ petition itself is disposed of with the following direction:-
If the petitioner discharges the entire liability due to the 1st respondent Bank within a period of 6 weeks from today, the 1st respondent bank shall return the documents of title mortgaged to it by the petitioner, to the petitioner, immediately.
mns/ A.K.JAYASANKARAN NAMBIAR JUDGE