The State Bank Of India Sbi vs Sreeprakash A.P
2024 Latest Caselaw 15695 Ker

Citation : 2024 Latest Caselaw 15695 Ker
Judgement Date : 6 June, 2024

Kerala High Court

The State Bank Of India Sbi vs Sreeprakash A.P on 6 June, 2024

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
          Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
                    IA.NO.5/2024 IN WA NO. 1984 OF 2023
    AGAINST JUDGMENT DATED 14.09.2023 IN WP(C) 12474/2021 OF THIS COURT
APPLICANTS/APPELLANTS/RESPONDENTS IN W.P.(C):

  1. THE STATE BANK OF INDIA, SBI STRESSED ASSETS RECOVERY BRANCH,
     REPRESENTED BY THE ASSISTANT GENERAL MANAGER, THIRUVANANTHAPURAM 695
     012.
  2. THE STATE BANK OF INDIA, POOJAPPURA BRANCH OPP: PAREEKSHA BHAVAN,
     THIRUVANANTHAPURAM 695012 REPRESENTED BY THE BRANCH MANAGER

RESPONDENTS/RESPONDENTS/PETITIONERS IN W.P.(C):

  1. SREEPRAKASH A.P., AGED 54 YEARS, PROPRIETOR, BUIL-TECH ENGINEERS AND
     M/S.BUIL-TECH COLOURS, T.C. 53/1476, SREE PADMAM, PADMA NAGAR,
     MANKULAM ROAD, PAPPANAMCODE P.O, THIRUVANANTHAPURAM - 695018.
  2. MINI SREEPRAKASH, W/O SREEPRAKASH A.P, SREE PADMAM, PADMA NAGAR,
     MANKULAM ROAD, PAPPANAMCODE P.O, THIRUVANANTHAPURAM 695018

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondents herein not to alienate, encumber, transfer or otherwise deal
with the property covered by Settlement Deed No. 1787 of 2013 dated
16.07.2013 of Nemom SRO, Settlement Deed No.68 of 2015 dated 12.01.2015 of
Nemom SRO, Settlement Deed No.1562 of 2001 dated 14.06.2001 of Nemom SRO,
Sale Deed No.2469 of 2000 dated 29.08.2000 of Nemom SRO, Sale Deed No.3118
of 2008 dated 18.09.2008 of Nemom SRO and Sale Deed No. 3119 of 2008 dated
18.09.2008 of Nemom SRO, till the disposal of the above Writ Appeal.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.TOM K.THOMAS, Advocate for the applicants, and of SRI.DINESH
R.SHENOY AND SRI.V.SUBHASH BHAT, Advocates for the respondents, the court
on the same day passed the following:
                                  A.J. Desai, C.J.
                                         &
                                   V.G. Arun, J.
                         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                              I.A. No. 5 of 2024 in
                             W.A. No.1984 of 2023
                         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                      Dated this the 6th day of June 2024

                                           ORDER

A.J. Desai, C.J.

Learned counsel appearing for the respondents requests for time.

2. Learned counsel appearing for the appellants submits that

earlier, time was granted for the same purpose and, therefore, the

respondents be directed not to deal with the property in question.

3. Considering the peculiar fact, we are of the opinion that the

request made by the learned counsel for the appellants can be

considered at this stage, since request has been made by the

respondents.

Post on 18.07.2024. Till then, the parties are directed to maintain

status quo with regard to the property in question.

Sd/-