D.N. Padmarajan vs The Canara Bank
2024 Latest Caselaw 17166 Ker

Kerala High Court

D.N. Padmarajan vs The Canara Bank on 20 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946


                      OP(C) NO. 1309 OF 2024
   AGAINST OS NO.219 OF 2021 OF MUNSIFF COURT,KAYAMKULAM


PETITIONERS/DEFENDANT 1 AND 2:

    1       D.N. PADMARAJAN
            AGED 52 YEARS
            S/O. DAMODARAN NAIR, PANCHAJANYAM CHEPPAD
            KANNIMEL MURI MUTHUKULAM VILLAGE, ALAPPUZHA
            DISTRICT REP. BY HIS POWER OF ATTORNEY HOLDER
            CHANDRASEKHARAN PILLAI, PIN - 690507
    2       CHANDRASEKHARAN PILLAI
            AGED 77 YEARS
            S/O. SANKARA PILLAI, MAKKATTU HOUSE CHEPPAD
            KANNIMEL MURI, MUTHUKULAM VILLAGE, ALAPPUZHA
            DISTRICT, PIN - 690507
            BY ADVS.
            V.MADHUSUDHANAN
            K.SANTHOSH KUMARAN THAMPI


RESPONDENT/PLAINTIFF:

            THE CANARA BANK
            PATHIYOOR BRANCH REP. BY THE SENIOR MANAGER
            PATHIYOOR BRANCH ALAPPUZHA, PIN - 690572
            BY ADV.
            SRI. M. GOPIKRISHNAN NAMBIAR - STANDING COUNSEL


     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
20.06.2024,    THE    COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
                                    2
OP(C) NO.1309 OF 2024



                            JUDGMENT

The limited prayer in this Original Petition is to give a

direction to the Munsiff Court, Kayamkulam (for short 'the

trial court') to dispose of Exts.P4 and P5 applications in O.S.

No.219/2021.

2. The petitioners are the defendants and the

respondent is the plaintiff in O.S. No.219/2021 on the files of

the trial court.

3. The petitioners filed a written statement along with

Ext.P4 application to receive the same on file. The second

petitioner is the power of attorney holder of the first

petitioner. They have also filed Ext.P5 application to receive

the power of attorney executed by the first petitioner in

favour of the second petitioner. Even though those

applications were filed as early as on 18.10.2023, they were

not disposed of so far.

4. I have heard Sri. Madhusudhanan V., the learned

counsel for the petitioners and Sri. M. Gopikrishnan Nambiar,

OP(C) NO.1309 OF 2024

the learned Standing Counsel for the respondent.

Having heard both sides, this Original Petition is

disposed of with a direction to the Munsiff Court,

Kayamkulam to dispose of Exts.P4 and P5 applications,

within a period of two weeks from the date of receipt of a

copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR

OP(C) NO.1309 OF 2024

APPENDIX OF OP(C) 1309/2024

PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT DATED 25.8.2021 IN OS NO. 219/2021 ON THE FILES OF MUNSIFF'S COURT, KAYAMKULAM Exhibit P2 A TRUE COPY OF THE ORDER DATED 7.9.2021 PASSED IN IA NO. 1/2021 IN OS NO.

219/2021 BY THE MUNSIFF'S COURT, KAYAMKULAM Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT DATED 26.07.2022 FILED BY PETITIONERS IN OS NO. 219/2021 BY THE MUNSIFF'S COURT, KAYAMKULAM Exhibit P4 A TRUE COPY OF THE I.A.NO. 4/2023 IN OS NO. 219/2021 DATED 18.10.2023 BY THE MUNSIFF'S COURT, KAYAMKULAM Exhibit P5 A TRUE COPY OF THE I.A.NO. 5/2023 IN OS NO. 219/2021 DATED 18.10.2023 BY THE MUNSIFF'S COURT, KAYAMKULAM

RESPONDENT'S EXHIBITS: NIL