Disposed¶45

Aibi Mol v. Vasanthi

Kerala HC25 Mar 2025OP(C)/714/2025

Case brief

AI extract

What is this about?

O.P.(C) 714/2025, Kerala HC (Basant Balaji J., 25.03.2025): direction to Munsiff Court, Palakkad to decide I.A. No.1175/2023 (temporary injunction against Union Bank of India, Kanchikode Branch; SARFAESI action re plaint schedule property) in partition suit O.S. No.242/2023 by 30.06.2025; interim order dated 14.03.2025 continues till disposal.

What did the court decide?

Direction to the Munsiff Court, Palakkad to consider and dispose of I.A. No.1175/2023 on or before 30.06.2025; the interim order granted on 14.03.2025 to continue till such disposal. ¶45

Aibi Mol Vs Vasanthi — Banking and Recovery | Kerala HC (2025)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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TUESDAY, THE 25^TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

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OP(C) NO. 714 OF 2025

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OS NO.242 OF 2023 OF PRINCIPAL MUNSIFF COURT, PALAKKAD

PETITIONER:

AIBI MOL

AGED 53 YEARS

W/O THANKACHAN, 'ARCHITHAM', MUTTIKULANGARA, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678594

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BY ADVS. SARATH M.S. B.PREMNATH (E)

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RESPONDENTS:

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1 VASANTHI

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AGED 78 YEARS W/O LATE CHELLAPPAN, THALACHIRA, AANAKKAL POST, MALAMPUZHA NO.1 VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678651

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2 AIBI

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AGED 60 YEARS S/O LATE CHELLAPPAN, THALACHIRA, AANAKKAL POST, MALAMPUZHA NO.1 VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678651

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3 SHIBI AGED 55 YEARS

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S/O LATE CHELLAPPAN, THALACHIRA, AANAKKAL POST,

OPC 714/2025

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2025:KER:26891

MALAMPUZHA NO.1 VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678651

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4 MANAGER

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UNION BANK OF INDIA, KANCHIKODE BRANCH, KANCHIKODE WEST, PALAKKAD,, PIN - 678623

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC 714/2025

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2025:KER:26891

JUDGMENT

(Dated this the 25th day of March, 2025)

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The petitioner is the plaintiff in the OS. No.242/2023

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on the file of the Munsiff Court, Palakkad. The respondents

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are defendants in the suit. The suit is filed for partition. The

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petitioner filed I.A. No.1175/2023 in the suit praying for temporary injunction against 4th respondent-Bank not to take action against the plaint schedule property till the determination of the share of the plaintiff and defendants.

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The 1st defendant filed a written statement.

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The petitioner contends that without filing a counter affidavit, the 4th respondent initiated SARFAESI proceedings. He seeks a direction to the Munsiff Court, Palakkad, to consider Ext.P2, IA No.1175/2023 and pass orders and direct the 4th respondent-Bank not to initiate any action against the plaint schedule property till orders are passed on Ext.P2.

OPC 714/2025

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2025:KER:26891

A report was called for, and a report dated

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20.03.2025 is received, wherein it is stated that the above IA

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was filed on 20.05.2023 and on 05.06.2023, the petitioner represented, and notice served to the respondent. For hearing, it was posted to 08.08.2023. On 22.02.2024, the application was posted for objection and hearing along with the suit. The Munsiff requested four months' time to dispose of IA No.1175/2023.

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Taking into consideration the facts and

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circumstances of the case and the report of the Munsiff, I

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dispose of this original petition, with a direction to the

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Munsiff Court, Palakkad, to consider and dispose of IA No.1175/2023 on or before 30th of June, 2025. Till such

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time, the interim order granted on 14.03.2025 will continue.

Sd/-

BASANT BALAJI

JUDGE

OPC 714/2025

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2025:KER:26891

APPENDIX OF OP(C) 714/2025

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE PLAINT IN O.S. NO.242/2023 ON THE FILE OF MUNSIFF COURT, PALAKKAD DATED 20.5.2023
Exhibit P2	TRUE COPY OF THE I.A. NO.1175/2023 IN O.S. NO.242/2023 ON THE FILE OF MUNSIFF COURT, PALAKKAD DATED 20/5/2023
Exhibit P3	TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.242/2023 ON THE FILE OF MUNSIFF COURT (ADDITIONAL), PALAKKAD DATED 7.12.2023
Exhibit P4	TRUE COPY OF THE NOTICE DATED 6.3.2025 ISSUED BY KMP ANAND, ADVOCATE COMMISSIONER TO RESPONDENTS 2 & 4 AND OTHERS INTENDED TO TAKE POSSESSION DATED 6/3/2025
Exhibit P5	TRUE COPY OF THE PARTITION DEED NO.450/1972 DATED 18.2.1972 EXECUTED BY KOCHUKUTTAN

Aibi Mol v. Vasanthi

Case brief

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Aibi Mol v. Vasanthi

Case brief

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