Kerala High Court
Pradeep Kumar vs Kuttoor Service Cooperative Bank Ltd on 1 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:81570
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 29838 OF 2024
PETITIONER:
PRADEEP KUMAR
AGED 50 YEARS, S/O LATE NARAYAN PANICKER,
NANTHEEKARA HOUSE, KUTTOOR P.O.,
THIRUVALLA, PIN - 689 106.
BY ADVS.
M.R.SASITH
R.K.CHIRUTHA
NEELANJANA NAIR
ANJANA SURESH.E
REETHU JACOB
RIYA KOCHUMMAN
NANMA.B.B
LIDHIYA GEORGE
RESPONDENTS:
1 KUTTOOR SERVICE COOPERATIVE BANK LTD
REPRESENTED BY ITS SECRETARY, KUTTOOR,
KUTTUR, PATHANAMTHITTA, PIN - 689 106.
2 THE SECRETARY
KUTTOOR SERVICE COOPERATIVE BANK LTD.
KUTTOOR, KUTTUR, PATHANAMTHITTA,
PIN - 689 106.
3 SARADAMMA
AGED 76 YEARS, W/O LATE NARAYANA PANICKER,
NANTHEEKARA HOUSE, KUTTOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689 106.
4 SUDHAKARA PANICKER N
S/O LATE NARAYAN PANICKER,
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WP(C) No.29838 of 2024
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NANTHEEKARA HOUSE, KUTTOOR P.O.,
THIRUVALLA, PIN - 689 106.
5 RADHIKA DEVI S
AGED 46 YEARS, W/O SATHEESH KUMAR,
INDIRA BHAVAN, KUTTOOR P.O., THIRUVALLA,
PIN - 689 106.
6 LATHIKA KUMARI S
AGED 42 YEARS, W/O RAJESH, PUTHUPARAMBIL HOUSE,
PONPUZHA MURI, ITHITHANAM P.O.,
CHANGANASSERRY, PIN - 686 835.
BY ADV
T.P.PRADEEP, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.29838 of 2024
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JUDGMENT
Dated this the 1st day of November, 2024
The petitioner using his right to claim for a partition in
Hindu Joint Family property had filed a Civil Suit as O.S.
No.221/2024 before the Munsiff Court, Thiruvalla seeking partition
of his ancestral property, which is comprised in Partition Deed
No.2668/1950, which was executed in favour of the petitioner's
mother on 08.06.1950.
2. On 17.06.2024, some officials from the 1st
respondent-Society came to the petitioner's property and measured
the land, which is in civil dispute. On that day, the petitioner learnt
that the 3rd and 5th respondents jointly mortgaged the said property
without knowledge and consent of the petitioner with the 1 st
respondent-Society and had committed default in payment which
eventually resulted in auction proceedings initiated by the Bank.
3. The Bank granted the loan on a non-partitioned
ancestral property without obtaining family membership certificate
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which establishes the rights of the petitioner. The Bank failed to
examine or analyze the same and stood in their stand to proceed
with auction. The Bank ought to have looked into the aspect that
Family Membership Certificate should be made available before
granting the loan.
4. At this juncture, so as to save the property, the
petitioner had submitted a representation before the 2 nd respondent
requesting the Bank to keep in abeyance the auction proceedings
till the suit pending before the Munsiff Court, Thiruvalla with respect
to the property is decreed, contends the petitioner.
5. Standing Counsel entered appearance on behalf
of respondent 1 and 2. The Standing Counsel submitted that there
is no challenge to the Mortgage Deed in the civil suit. What the
petitioner is trying is to get the Mortgage Deed set aside indirectly.
However, since the petitioner has preferred Ext.P2 representation,
that can be considered in accordance with law.
6. Heard the learned Counsel appearing for the
petitioner and the learned Standing Counsel representing
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respondents 1 and 2. Notice to respondents 3 to 6 is dispensed
with, in view of the nature of the reliefs to be granted in the writ
petition.
7. Considering the fact that the petitioner has
brought out certain civil claims, it would be only appropriate that the
2nd respondent-Secretary advert to Ext.P2 representation before
taking any final decision in the matter.
The writ petition is therefore disposed of directing
the 2nd respondent-Secretary to consider Ext.P2 representation
submitted by the petitioner and take appropriate decision thereon. If
such decision will affect other parties, notice should be issued to
such other parties also. The decision shall be taken within a period
of one month.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:81570
APPENDIX OF WP(C) 29838/2024
PETITIONER'S EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE CIVIL SUIT PENDING AS
OS NO. 221/2024 BEFORE THE HON'BLE MUNSIFF
COURT AT THIRUVALLA.
Exhibit-P2 THE TRUE COPY OF REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
