Antony Varghese vs Kerala State Co-Operative Bank Ltd., ...
2025 Latest Caselaw 10315 Ker

Kerala High Court

Antony Varghese vs Kerala State Co-Operative Bank Ltd., ... on 30 October, 2025

                                                           2025:KER:81895
W.P (C) No.14671/2025              -1-

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR. JUSTICE GOPINATH P.

     THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947

                         WP(C) NO. 14671 OF 2025

PETITIONER/S:

      1      ANTONY VARGHESE
             AGED 71 YEARS
             S/O.LATE: M.C. VARGHESE, MUKKADAYIL HOUSE,
             PALATHURUTHY, KADAVANTHRA.P.O., ERNAKULAM,, PIN -
             682020

      2      SUNNY VARGHESE
             AGED 67 YEARS
             S/O.LATE: M.C. VARGHESE, MUKKADAYIL HOUSE,
             PALATHURUTHY, KADAVANTHRA.P.O., ERNAKULAM,, PIN -
             682020

      3      JOSE VAARGHESE
             AGED 64 YEARS
             S/O.LATE: M.C. VARGHESE, MUKKADAYIL HOUSE,
             PALATHURUTHY, KADAVANTHRA.P.O., ERNAKULAM,, PIN -
             682020

      4      BOBAN VARGHESE
             AGED 64 YEARS
             S/O.LATE: M.C. VARGHESE, MUKKADAYIL HOUSE,
             PALATHURUTHY, KADAVANTHRA.P.O., ERNAKULAM, PIN - , NOW
             RESIDING AT FLAT NO.101, CARCHERLLA CASTLE, GAGAN MAHAL
             COLONY, DOMALGUDA, HYDERABAD-500 029 REPRESENTED BY HIS
             POWER OF ATTORNEY HOLDER BAIJU VARGHESE, AGED 53 YEARS,
             S/O.LATE M.C.VRGHESE, MUKKADAYIL HOUSE, PALATHURUTHY,
             KADAVANTHRA.P.O, ERNAKULAM, PIN - 682020

      5      BAIJU VARGHESE
             AGED 53 YEARS
             S/O.LATE: M.C. VARGHESE, MUKKADAYIL HOUSE,
             PALATHURUTHY, KADAVANTHRA.P.O., ERNAKULAM,, PIN -
             682020
                                                        2025:KER:81895
W.P (C) No.14671/2025              -2-


             BY ADVS.
             SRI.N.ASHOK KUMAR
             SHRI.ARJUN S.KURUPP
             SMT.ARSHA S KURUP



RESPONDENT/S:

      1      KERALA STATE CO-OPERATIVE BANK LTD., (KERALA BANK)
             COBANK TOWERS, P.B.NO.6516, VIKAS BHAVAN.P.O., PALAYAM,
             THIRUVANANTHAPURAM -REPRESENTED BY ITS CHIEF EXECUTIVE
             OFFICER, PIN - 695033

      2      THE BRANCH MANAGER
             KERALA STATE CO-OPERATIVE BANK LTD., ERNAKULAM MAIN
             BRANCH, AEC PLAZA, VALANJAMBALAM, CHITTOOR ROAD,
             ERNAKULAM, PIN - 682016

      3      PUSHPA VAKKACHAN
             D/O. LATE: M.C.VARGHESE, THOTTUNGAL HOUSE, SAMRUDHI
             NAGAR, EDAPPALLY, ERNAKULAM -, PIN - 682024

      4      LALY FRANCIS
             LATE: M.C.VARGHESE, MECHERY HOUSE, MELOOR.P.O. ,
             CHALAKKUDY, THRISSUR DISTRICT,, PIN - 680311

      5      SHEELA JEEJO
             D/O. LATE: M.C.VARGHESE, FLAT NO.101, PALACE HEIGHTS,
             OPPOSITE CHALAKKUDY POLICE STATION, CHALAKKUDY SOUTH,
             THRISSUR DISTRICT, PIN - 680307


             BY ADVS.
             SMT.K.AMMINIKUTTY
             SRI.ARUN ASHOK
             SMT.NEENA JAMES
             SMT.ANASWARA K.P.


OTHER PRESENT:

              SMT. C. S. SHEEJA, GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON 30.10.2025 DELIVERED THE FOLLOWING:
                                                                 2025:KER:81895
W.P (C) No.14671/2025                 -3-

                               JUDGMENT

The petitioners and respondents 3 to 5 are stated to be legal heirs of late

M.C. Vargheese, who died on 02-07-2013. The mother of the petitioners and

respondents also passed away on 27-10-2013. The 5 th petitioner had availed a

loan originally from the Ernakulam District Co-operative Bank (now Kerala

Bank) and the property of late M.C. Vargheese was mortgaged to secure the

repayment of the loan. The loan in question has been cleared in full. However,

on account of disputes between the legal heirs of M.C. Vargheese namely the

petitioners and respondents 3 to 5, the title deeds of the property have not

been returned.

2. The learned counsel for the petitioners and respondents 3 to 5

submit that O.S No.40/2024 is now pending before the Subordinate Judges

Court, Ernakulam challenging a Will allegedly executed by late M.C.

Vargheese. It is submitted that though the suit was initially dismissed for

default, it has now been restored. It is submitted that petitioners and

respondents 3 to 5 will be satisfied if the document in question are produced

before the Subordinate Judge's court, Ernakulam in connection with O.S

No.40/2024.

3. Heard the learned counsel for the respondent bank also.

4. Having heard the learned counsel for the petitioners, the learned

counsel for the respondent bank and the learned counsel for respondents 3 to 2025:KER:81895

5, this writ petition will stand disposed of directing that if the petitioners or

one among them file an interlocutory application in O.S No.40/2024 seeking

a direction to the respondent bank to produce the documents deposited with

the respondent bank in connection with mortgage created by late M.C

Vargheese, the Subordinate Judge's court shall pass necessary orders in the

I.A directing the bank to produce the documents. On such orders being

received, the competent authority of the respondent bank shall produce the

documents as directed in the order to be issued by the Subordinate Judge's

court, Ernakulam.

Writ petition ordered accordingly.

Sd/-

GOPINATH P. JUDGE

AMG 2025:KER:81895

APPENDIX OF WP(C) 14671/2025

PETITIONER EXHIBITS

Exhibit P1 . A TRUE COPY OF THE DEATH CERTIFICATE DATED 30-07-2013 IN RESPECT OF MR. M.C. VARGHESE ISSUED BY KOCHI CORPORATION Exhibit P2 A TRUE COPY OF THE DEATH CERTIFICATE DATED 21-11-2013 IN RESPECT OF MR. MARIAMMA VARGHESE, ISSUED BY KOCHI CORPORATION Exhibit P3 . A TRUE COPY OF THE LETTER DATED 05-10-2021 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER Exhibit P4 A TRUE COPY OF THE SALE DEED NO.2801/1972 OF THE ERNAKULAM SUB REGISTRY Exhibit P5 . A TRUE COPY OF THE 'WILL' DATED 24-01-2012 EXECUTED BY LATE: MR.M.C.VARGHESE IN FAVOUR OF PETITIONERS-1, 4 & 5 Exhibit P6 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 09-11-2023 ISSUED BY THE VILLAGE OFFICE, ELAMKULAM Exhibit P7 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17-04-2023 ISSUED BY THE VILLAGE OFFICE, ELAMKULAM Exhibit P8 A TRUE COPY OF THE LOCATION SKETCH NO.3077/23 DATED 15-11-2023 ISSUED BY VILLAGE OFFICE, ELAMKLAM Exhibit P9 . A TRUE COPY OF THE MEMO DATED 04-12-2023 ISSUED BY THE KOCHI MUNICIPAL CORPORATION Exhibit P10 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 13-01-2014 ISSUED BY THE TAHSILDAR, KANAYANNUR Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 06- 10-2021 SUBMITTED BY THE PETITIONERS-1, 4 & 5 TO THE 2ND RESPONDENT BANK Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 21/03/2024 IN W.P(C)NO 4994/2024 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P13 A TRUE COPY OF THE JUDGEMENT DATED 23/10/2024 IN O.S. NO. 40/2024 OF THE ADDL. SUB-COURT-I, ERNAKULAM Exhibit P14 A TRUE COPY OF THE JUDGEMENT DATED 12/03/2025 IN O.S. NO. 40/2024 OF THE ADDL. SUB-COURT-I, ERNAKULAM 2025:KER:81895

RESPONDENT EXHIBITS

Exhibit-R5(a) A TRUE COPY OF THE PLAINT IN O.S NO. 40/2024 FILED BY THE RESPONDENTS NO. 3 TO 5 BEFORE THE SUB COURT ERNAKULAM DATED 23-02-2024 Exhibit-R5(b) A TRUE COPY OF THE JUDGMENT IN O.S NO.

40/2024 ON THE FILE OF THE SUB COURT ERNAKULAM DATED 12-03-2025 Exhibit-R5(c) A TRUE COPY OF R.P NO. 6/2025 IN O.S NO.

BEFORE THE SUB COURT ERNAKULAM DATED 10-04-