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.
..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
..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
..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
..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
