Kerala High Court

Indian Bank vs Indian Bank on 19 March, 2021

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

          RP.No.883 OF 2020 IN WP(C). 34583/2019

     AGAINST THE JUDGMENT DATED 30.09.2020 IN W.P.(C)
         No.34583/2019(W) OF HIGH COURT OF KERALA


REVIEW PETITIONERS/RESPONDENTS 1 & 2:

     1     INDIAN BANK,
           REPRESENTED BY ITS ZONAL MANAGER,
           INDIAN BANK,
           ZONAL OFFICE, KOZHIKODE.

     2     THE MANAGER,
           INDIAN BANK, BALIAPATTAM BRANCH,
           BALIAPATTAM, KANNUR DISTRICT.

           BY ADV. SRI.S.EASWARAN

RESPONDENTS-PETITIONERS 1 TO 5/RESPONDENTS 3 & 4:

     1     ELIAN REMAVATHI,
           D/O. VALIYAVEETTIL,
           KELAN VYDIAR, AGED 70 YEARS,
           RESIDING AT SREE RANG,
           PANCHAYATHMUKKU, PAPPAINISSERI,
           KANNUR DISTRICT-670 561

     2     PALLIVALAPPIL JAYAN,
           S/O. KOUSALIYA, AGED 70 YEARS,
           VALIYAVEETIL HOUSE,
           POST ALAVIL,
           KANNUR DISTRICT-670 008.

     3     CHODOAPARAMBIL KADAVATHUPURAYIL SHYLAJA,
           D/O. LATE CHODOPARAMBIL
           KADAVATHUPURAYIL SARADA,
           AGED 69 YEARS,
           RESIDING AT REESHA NIVAS,
           POST ALAVIL P.O.,
           KANNUR DISTRICT - 670008
     4     CHODAPARAMBIL KADAVATHUPURAYIL BHARATHI,
           D/O. LATE CHODOPARAMBIL
 RP No.883/2020
                                :2 :


                 KADAVATHUPURAYIL SARADA,
                 AGED 63 YEARS,
                 RESIDING AT SAVITHAM, CHODOPARAMBIL,
                 ALAVIL P.O, KANNUR DISTRICT-670 008

       5         CHODOPARAMBIL KADAVATHUPURAYIL REGHUNATHAN,
                 S/O. LATE CHODOPARAMBIL
                 KADAVATHUPURAYIL SARADA,
                 AGED 66 YEARS,
                 RESIDING AT SHARADAS,
                 CHODOPARAMBIL, ALAVIL P.O,
                 KANNUR DISTRICT-670 008

       6         THE STATE OF KERALA,
                 REPRESENTED BY ITS CHIEF SECRETARY,
                 GOVERNMENT SECRETARIAT,
                 THIRUVANANTHAPURAM.

       7         THE RESERVE BANK OF INDIA,
                 REPRESENTED BY ITS GENERAL MANAGER,
                 ERNAKULAM, KOCHI-682024

                 R1-5 BY ADV. SRI.V.RAMKUMAR NAMBIAR
                 R6 SR. GOVERNMENT PLEADER SMT. DEEPA NARAYANAN

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:



SR
 RP No.883/2020
                                  :3 :




                              ORDER

~ ~ ~ ~ ~~ ~

Dated this the 19th day of March, 2021

The review petitioners are the Indian Bank, Zonal

Office, Kozhikode and the Manager, Indian Bank, Baliapattam

Branch. They were respondents 1 and 2 in W.P.(C) No.34583

of 2019. They seek to review judgment dated 30.09.2020 in

W.P.(C) No.34583 of 2019, alleging errors apparent on the

face of the records.

2. The writ petition was filed by the plaintiffs in OS

No.245/1990 of the Principal Munsiff's Court, Kannur and their

legal heirs. The said suit for partition was decreed and the

issue was finalised in SA Nos.134/1994 and 135/1994 of this

Court, wherein a compromise was arrived at between the

parties. The writ petition was filed since the review petitioners

insisted that the amounts in deposit with them in the name of

deceased Kelan Vydiar, who was the predecessor of the writ

petitioners, can be paid only if all the claimants present RP No.883/2020

themselves before the Bank and sign the claim form together.

By the judgment sought to be reviewed, this Court directed the

review petitioners to disburse the amounts due to the legal

heirs of the deceased in accordance with the findings of

entitlement arrived at in Ext.P1 judgment, to individual shares,

along with interest.

3. In this review petition, the review petitioners state

that they cannot fix the quantum of amount representing the

proportionate share that the petitioners are entitled to as per

the judgment of Civil Court. No direction can be given to the

review petitioners to pay the amount in terms of the share

without deciding the quantum of the amount, which can only

be done by Court.

4. I have heard the learned Standing Counsel

appearing for the review petitioners and the learned counsel

appearing for the respondents.

5. Respondents 1 to 5 filed an additional statement

dated 15.02.2021 indicating the proportionate shares/amounts

payable to all the legal heirs. The amounts payable to each RP No.883/2020

of the sharers are as follows:-

"The total amount available with the Indian Bank, the 2 review petitioner is `11,98,148.53/- as mentioned nd

by the Counsel for the Indian Bank. The proportionate shares of each of the Writ Petitioners and all the Legal Heirs of deceased Kelan Vydiar who were indicated as parties in Exhibits P3 and P4 Judgments are as follows:

a) Writ petitioner No.1 (1st respondent in Review Petition Elian Remavathi (2 shares) - `5,99,074.26/-

b) Writ petitioner No.2 (2 nd respondent in Review Petition Pallivalappil Jayan (1/24 shares) - `49,922.85/-

c) Writ petitioner No.3 (3rd respondent in Review Petition) Chodoparambil Kadavathupurayil Shylaja (1/12 shares) - `99,845.71/-

d) Writ petitioner No.4 (name not shown in the Review Petition) Chodoparambil Kadavathupurayil Bharathi (1/12 shares) - `99,845.71/-

e) Writ petitioner No.5 (4th respondent in Review Petition) Chodoparambil Kadavathupurayil Reghunathan (1/12 shares) - `99,845.71/-

f) The balance amount that would be retained by the second review petitioner bank would be `2,49,614.28/-. The apportionment of this amount is as follows:

g) Pallivalappil Rajan, S/o.Kousalya (and brother of Pallivalappil Jayan, writ petitioner No.2 and second respondent in Review Petition) (entitled to 1/24 shares)- `49,922.85/-

h) Pallivalappil Sujatha, D/o.Kousalya (and sister of Pallivalappil Jayan, writ petitioner No.2 and second respondent in Review Petition) (entitled to 1/24 shares)- `49,922.85/-.

i) Pallivalappil Rajini, D/o.Kousalya (and sister of Pallivalappil Jayan, writ petitioner No.2 and second respondent in Review Petition) (entitled to 1/24 shares)- `49,922.85/-

j) Smt.Rema.K, W/o. late Pallivalappil Preman who was the brother of Pallivalappil Jayan (writ petitioner No.2) and second respondent in Review Petition (entitled to 1/72 shares)- `16,640.95/-.

k) P.V.Nidhin, S/o. late Pallivalappil Preman who RP No.883/2020

was the brother of Pallivalappil Jayan (writ petitioner No.2) and second respondent in Review Petition (entitled to 1/72 shares)- `16,640.95/-

l) P.V.Midhun, S/o. late Pallivalappil Preman who was the brother of Pallivalappil Jayan (writ petitioner No.2) and second respondent in Review Petition (entitled to 1/72 shares)- `16,640.95/-

m) Smt.Premaja, W/o. late Pallivalappil Prakasan who was the brother of Pallivalappil Jayan (writ petitioner No.2) and second respondent in Review Petition (entitled to 1/24 shares)- `49,922.85/-."

On a perusal of the said additional statement, this Court finds

that the said shares/amounts are the proportionate shares, the

writ petitioners and other legal heirs of late Kelan Vydiar would

be entitled to, in the light of Exts.P1 to P4 judgments.

6. Considering the fact that the Original Suit is of the

year 1990 and that the legal heirs of deceased Kelan Vydiar

are yet to receive their shares, there is no reason for the

review petitioners to withhold the amount due to the legal heirs

on the ground that all claimants are not presenting themselves

before the Bank to receive the amount decreed as per Exts.P1

to P4.

7. In the circumstances, the review petition is