Banu Basheer vs Peethambaran

Kerala High Court

Banu Basheer vs Peethambaran on 7 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE G.GIRISH
    TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                           OP(C) NO. 987 OF 2024
AGAINST THE ORDER IN IA NO.7 OF 2023 IN OS NO.26 OF 2023 OF
ASSISTANT       SESSIONS    COURT/SUB   COURT   /    COMMERCIAL   COURT,
MAVELIKKARA
PETITIONER/CLAIM PETITIONER:

               BANU BASHEER, AGED 36 YEARS, S/O. BASHEER,
               KANNELAPUZHAKKEL HOUSE , CHERUTHANA THEKKU MURI,
               CHERUTHANA VILLAGE, KARTHIKAPPALLY TALUK,ALAPPUZHA
               DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER
               NUJU BASHEER, AGED 61 YEARS, W/O. BASHEER,
               KANNELAPUZHAKKEL HOUSE, CHERUTHANA THEKKU MURI,
               CHERUTHANA VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA
               DISTRICT,, PIN - 690 517

               BY ADVS.
               B.RENJITHKUMAR
               CLARA SHERIN FRANCIS
               SANGEERTHANA M.


RESPONDENTSPLAINTIFF AND DEFENDANT:

    1          PEETHAMBARAN, AGED 65 YEARS (NAME OF THE FATHER IS
               NOT KNOWN TO THE PETITIONER), THANKA NIVAS,
               KANDIYOOR, THATTARAMBALAM P.O, MAVELIKKARA VILLAGE,
               ALAPPUZHA DISTRICT, PIN - 690 103

    2          SIYAD.I, AGED 40 YEARS, S/O. ISMAYIL KUNJU, ROSE
               HOUSE, VALLIKUNNAM P.O, VALLIKKUNNAM VILLAGE,
               ALAPPUZHA DISTRICT,, PIN - 690 501

               BY ADVS.
               SATHEESH N
               PRIYA CAROL(K/000112/2019)


               SRI N SATHEESH, FOR PARTY RESP.


        THIS    OP   (CIVIL)   HAVING   COME    UP   FOR   ADMISSION   ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.987 of 2024

                              ..2..




                  G. GIRISH, J.
          ---------------------------
             O.P.(C) No.987 of 2024
      -----------------------------------
       Dated this the 7th day of May, 2024

                   JUDGMENT

The petitioner, who has filed claim petition as I.A No.7 of 2023 in O.S No.26 of 2023 on the files of the Sub Court, Mavelikkara, has filed this petition under Article 227 of the Constitution of India with a prayer to accept the security to be furnished by him for the suit amount and to direct an early and time bound disposal of Ext.P2 claim petition.

2. The learned counsel for the petitioner would submit that the property which has been attached by the Sub Court, Mavelikkara in the aforesaid suit had been purchased by him 58 days prior to the interim attachment ordered in the said case. It is upon the above premises that the petitioner filed Ext.P2 claim petition before the trial court to lift the order of attachment in the said property.

3. Heard the learned counsel for the petitioner and the leaned counsel for the first respondent. O.P.(C)No.987 of 2024

..3..

4. It is submitted by the learned counsel for the petitioner that the claim petitioner is ready to furnish the bank guarantee for the suit amount in O.S No.26 of 2023, pending before the Sub Court, Mavelikkara, and that the disposal of the above claim petition on an earlier date is highly necessary since the procrastination of the above matter would cause much hardships and sufferings to him in connection with other transaction of his business.

5. The learned counsel for the first respondent submitted that he has got serious doubts regarding the authenticity of the Power of Attorney relied on by the claim petitioner. The learned counsel for the petitioner would contend that there is absolutely no basis for the above apprehension and that the Power Attorney Holder is none other than the mother of the original claim petitioner. He further submitted that the bank guarantee in respect of the amount remaining in the account of the Power of Attorney Holder could be furnished to allay the apprehension of the first respondent in this regard.

6. The learned counsel for the first respondent would contend that Ext.P2-claim petition now stands posted for final O.P.(C)No.987 of 2024 ..4..

hearing before the trial court after the completion of evidence, and that the case is now posted to 18.05.2024 before the Sub Court, Mavelikkara. It is further submitted by the learned counsel for the first respondent that the offer now made by the petitioner in respect of the bank guarantee agreed to be furnished , was not at all made before the trial court.

7. Having regard to the facts and circumstances of the case as stated above and the submissions of the learned counsel for the petitioner and the first respondent, I deem it appropriate to issue a direction to the Sub Court, Mavelikkara to consider the offer, if any, made by the petitioner to furnish bank guarantee as security for the plaint amount in O.S No.26 of 2023 along with the other relevant particulars while adjudicating the claim petition. It is made clear that the petitioner herein should be afforded an opportunity to file an appropriate petition before the trial court in the above regard, and that Ext.P2 - claim petition shall be disposed of only after considering the above application, if any, filed by the petitioner before the trial court.

In the result, the petition is disposed of directing the Sub O.P.(C)No.987 of 2024 ..5..

Judge, Mavelikkara, to afford an opportunity to the petitioner herein to file an application before the said court in connection with the offer to furnish the bank guarantee as security for the plaint amount in O.S No.26 of 2023, and to dispose of Ext.P2-claim petition, after considering the aforesaid offer also, if an application as stated above is filed before the said court on or before 24.05.2024. The learned Sub Judge shall make every endeavour to dispose of Ext.P2- claim petition as expeditiously as possible, at any rate, on or before 10.06.2024.

Sd/-

G. GIRISH JUDGE PR O.P.(C)No.987 of 2024 ..6..

APPENDIX OF OP(C) 987/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE SALE DEED NO.

359/2023 OF SRO, KARUNAGAPPALLY Exhibit-P2 TRUE COPY OF THE PETITION IN I.A. NO.

7/2023 IN OS 26/2023 FILED BY THE PETITIONER ON 4.11.2023 Exhibit-P3 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT ON 17.11.2023 TO THE CLAIM PETITION Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 27.2.2024 IN OP (C) NO. 510/2024 OF THIS HON'BLE COURT Exhibit-P5 TRUE COPY OF THE REQUEST FOR SPEEDY DISPOSAL OF EXT.P2 CLAIM PETITION AS IA 12/2024 FILED BY THE PETITIONER Exhibit-P6 TRUE COPY OF THE POWER OF ATTORNEY DATED 23.8.2023 WITH DEED NO.

7214/2023 BEFORE THE SUB REGISTRAR OFFICE, BHARANIKKAVU RESPONDENT EXHIBITS Exhibit R1(a) True copy of the deposition of the power of attorney holder dated 19/12/2023 before the Hon'ble Trial Court