Gouri vs Samson
2023 Latest Caselaw 6784 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 20th DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                      OP(C) NO. 977 OF 2023
   AGAINST THE JUDGMENT DATED 13.01.2023 IN OS 7997/2015 OF III
                ADDITIONAL MUNSIFF COURT, THRISSUR
PETITIONERS/PLAINTIFFS:

    1     GOURI, AGED 56 YEARS, D/o KOCHUNNI,
          KUNNATHUVALAPPIL HOUSE, KOVILAKATHUPADAM KARA,
          THRISSSUR VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680001

    2     GEETHA, AGED 54 YEARS, D/o KOCHUNNI,
          KUNNATHUVALAPPIL HOUSE, KOVILAKATHUPADAM KARA,
          THRISSSUR VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680001

    3     KRISHNAN, AGED 50 YEARS, S/o KOCHUNNI,
          KUNNATHUVALAPPIL HOUSE, KOVILAKATHUPADAM KARA,
          THRISSSUR VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680001

    4     MEERA(DIED), AGED 47 YEARS, D/o KOCHUNNI,
          KUNNATHUVALAPPIL HOUSE, KOVILAKATHUPADAM KARA,
          THRISSSUR VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680001

    5     SHIBU, AGED 41 YEARS, S/o KOCHUNNI,
          KUNNATHUVALAPPIL HOUSE, KOVILAKATHUPADAM KARA,
          THRISSSUR VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680001

    6     SHARMILA (DIED), AGED 24 YEARS, D/o GOPI,
          KUNNATHUVALAPPIL HOUSE, KOVILAKATHUPADAM KARA,
          THRISSSUR VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT,, PIN - 680001

    7     SHABU, AGED 23 YEARS, S/o GOPI,
          KUNNATHUVALAPPIL HOUSE, KOVILAKATHUPADAM KARA,
          THRISSSUR VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680001

          BY ADVS. K.R.PRATHISH
                   P.K.SREEVALSAKRISHNAN
 OP(C) No.977 of 2023                2




RESPONDENTS/DEFENDANTS:

      1       SAMSON, AGED 45 YEARS, S/o FELIX,
              KURISHINKAL HOUSE, ANCHERIKARA,
              OLLUR VILLAGE,THRISSUR TALUK,
              THRISSUR DISTRICT, PIN - 680306

      2       THE CITY UNION BANK LTD,
              THRISSUR BRANCH REPRESENTED BY CHIEF MANAGER AND
              AUTHORISED OFFICER, THRISSUR DISTRICT, PIN - 680001


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No.977 of 2023                       3




                                     JUDGMENT

During the course of argument, the learned counsel

for the petitioners sought permission to withdraw the

original petition. Prima facie it appears that it is a

misuse of process of this court and hence permission is

not granted. An unwarranted suit was filed against the

first defendant, who obtained a sale deed of immovable

property from the father in the year 2008. It was

withdrawn in the year 2015. Then again another suit was

filed in the year 2015 challenging the due execution of

the sale deed of the year 2008. Both the suits were

instituted without answering the bar of limitation. The

plaint was rejected by the trial court on yet another

ground that it is intended to delay and defeat the

SARFAESI proceedings. The trial court ought to have

rejected the plaint on account of bar of limitation also

and as such Ext.P9 order deserves no interference.

The Original Petition will stand dismissed.

Sd/-

P.SOMARAJAN JUDGE

DMR/-

APPENDIX OF OP(C) 977/2023 PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE AMENDED PLAINT IN O.S NO.

7997 OF 2015 FILED BEFORE THE III ADDITIONAL MUNSIFF COURT, THRISSUR

Exhibit P2 TRUE COPY OF THE IA NO.1552 OF 2017 IN O.S NO. 7997 OF 2015 FILED BEFORE THE III ADDITIONAL MUNSIFF COURT, THRISSUR

Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN IA NO.1552 OF 2017 IN O.S NO. 7997 OF 2015 BEFORE THE III ADDITIONAL MUNSIFF COURT, THRISSUR

Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT IN O.S NO. 7997 OF 2015 BEFORE THE III ADDITIONAL MUNSIFF COURT, THRISSUR

Exhibit P5 TRUE COPY OF THE ORDER DATED 20.02.2017 IN IA NO.1552 OF 2017 IN O.S NO. 7997 OF 2015 BY THE III ADDITIONAL MUNSIFF COURT, THRISSUR

Exhibit P6 TRUE COPY OF THE CMA NO.18 OF 2017 FILED BY THE PETITIONERS BEFORE THE III ADDITIONAL DISTRICT COURT, THRISSUR

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 11.12.2018 IN CMA NO.18 OF 2017 BY THE III ADDITIONAL DISTRICT COURT, THRISSUR

Exhibit P8 TRUE COPY OF THE JUDGEMENT DATED 21.02.219 IN OP(C) NO.466 OF 2019 BY THE HON'BLE HIGH COURT OF KERALA

Exhibit P9 TRUE COPY OF THE JUDGEMENT DATED 13.01.2023 IN OS NO.7997 OF 2015 BY THE III ADDITIONAL MUNSIFF COURT, THRISSUR

// TRUE COPY //

P.A. TO JUDGE