[Cites 0, Cited by 0]
Kerala High Court
Sandeep Chandran vs The Federal Bank Ltd on 9 February, 2026
Author: Murali Purushothaman
Bench: Murali Purushothaman
2026:KER:11376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
OP(C) NO. 102 OF 2026
PETITIONER/PLAINTIFF:
SANDEEP CHANDRAN
AGED 47 YEARS
SON OF KAIPURA @ KAIPRA RAMACHANDRAN
PUTHUSSERY DESOM, CHERUTHURUTHY VILLAGE,
TALAPPILLY TALUK, THRISSUR DISTRICT,
PIN - 680 741.
BY ADVS.
SMT. M.R.MINI
SRI. VINOD RAVINDRANATH
SMT. MEENA.A.
SRI. ANISH ANTONY ANATHAZHATH
SRI. THAREEQ ANVER
SMT. NIVEDHITHA PREM.V
SRI. ANANTHAKRISHNAN A. KARTHA
SMT. MARIYA JOSEPH
SMT. AMEERA JOJO
SRI. STEPHEN V THOMAS
SRI. T.KRISHNANUNNI
RESPONDENTS/AUTHORISED OFFICER OF 3RD DEFENDANT, AND
DEFENDANTS 3, 1 AND 2:
1 THE FEDERAL BANK LTD.
LCRD/KOZHIKODE DIVISION,
REPRESENTED BY ITS AUTHORISED OFFICER
SHIBJU R,
PIN - 673 004.
2 THE SENIOR MANAGER
FEDERAL BANK, CHELARI BRANCH,
MALAPPURAM DISTRICT,
PIN - 673 637.
2026:KER:11376
OP(C) NO.102 OF 2026
2
3 SHAHEEM THERUVATH VEETTIL
AGED 41 YEARS
SON OF KHADARUNNI
NALAKATH PADAVINGAL HOUSE,
PATTIKKARA DESOM, CHIRANELLOOR VILLAGE,
KUNNAMKULAM TALUK,
THRISSUR DISTRICT,
PIN - 680 501.
4 ANILKUMAR
AGED 52 YEARS
SON OF BALAKRISHNAN
KUTTIKKATT HOUSE, P.O. PERINGOTTUKARA,
VETTILASSERY DESOM, THANYAM VILLAGE,
THRISSUR TALUK,
PRESENTLY RESIDING AT KUTTIKKATT HOUSE,
VENGINISSERY, P.O. PARALAM,
VIA VILAKKUKAL, PEROORKKARA,
THRISSUR DISTRICT, PIN - 680 563.
BY ADVS.
SRI. MOHAN JACOB GEORGE
SMT. P.V.PARVATHY
SMT. REENA THOMAS
SMT. NIGI GEORGE
SRI. ANANTHU V.LAL
SRI. BRAHMA R.K.
SMT. SHERIN VARGHESE
SRI. ANTONY THOMAS MOHAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:11376
OP(C) NO.102 OF 2026
3
JUDGMENT
The petitioner is the plaintiff in O.S No.132 of
2025 on the files of the Sub Court, Thrissur.
Respondents 2 to 4 are respectively defendants 3, 1
and 2 therein. The suit is filed inter alia for
permanent prohibitory injunction restraining the Bank
from dispossessing the petitioner from the plaint
schedule property. Ext.P5 is the application for
temporary injunction.
2. This Court, on 16.01.2026, issued notice by
special messenger to respondents 3 and 4. The
learned counsel for the Bank undertook that
possession of the property will not be taken till the
next posting date. The said undertaking is being
extended from time to time.
3. The notice issued to the 3rd respondent has
been returned with the endorsement "no such
2026:KER:11376
OP(C) NO.102 OF 2026
addressee". Though notice has been served on the
4th respondent, there is no appearance. It is to be
noted that the address of the 3 rd respondent in the
original petition and in the plaint is the same.
4. The contention of the petitioner is that
Ext.P5 application is not considered since notice has
not been served on the 3rd respondent. It is contended
that interlocutory application can be heard in
connection with an interim order even before service
of notice on the 3rd respondent. The petitioner
apprehends his dispossession from the property
pending the suit.
5. Heard Sri.T.Krishnanunni, the learned Senior
Counsel for the petitioner and Sri.Mohan Jacob
George, the learned counsel for respondents 1 and 2.
6. Since Ext.P5 interlocutory application is
pending consideration, I feel it appropriate to direct
the learned Sub Judge to consider Ext.P5 interlocutory
2026:KER:11376
OP(C) NO.102 OF 2026
application and pass appropriate orders within a
period of two weeks from today. Till such time an
order is passed, respondents 1 and 2 shall not take
possession of the property. It is made clear that, this
Court has not expressed any opinion on the merits of
the case and that the learned Sub Judge shall pass
orders uninfluenced by the directions hereinabove.
The original petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
2026:KER:11376
OP(C) NO.102 OF 2026
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO.
132/2025 ON THE FILE OF THE COURT OF THE
SUBORDINATE JUDGE OF THRISSUR DATED
19.05.2025.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 10.09.2025
FROM THE VIGILANCE DEPARTMENT TO THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPLY TO EXT.P2 NOTICE
DATED 29.09.2025 SENT BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER APPOINTED BY CHIEF
JUDICIAL MAGISTRATE COURT, THRISSUR TO
3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF I.A. NO.2/2025 IN O.S.
NO.132/2025 ON THE FILE OF THE
SUBORDINATE JUDGE OF THRISSUR DATED
19.05.2025.
RESPONDENTS EXHIBITS: NIL.
