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O.S No. 927/2024

Case between K.V Cherian vs M/s. Koral the Printing Company regarding removal of attachment

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2026-01-01
Duration
approximately-1 year 3 months
Case Closed
Thu, 03/20/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Vivek Sukumar, is seeking to remove an attachment on property under dispute in a prior case. The original suit involved a financial recovery against the second and third respondents.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to lift the attachment against the property, stating that the initial attachment has merged with the decree and should not impede the petitioner's rights as the purchaser.
Judgment Favored
Plaintiff
Relief Granted
Attachment lifted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to lift the attachment against the property, stating that the initial attachment has merged with the decree and should not impede the petitioner's rights as the purchaser.
Why Plaintiff Won:
The attachment was invalid due to prior secured credit dealings.
Losing Side's Weaknesses:
The attachment was invalid due to prior secured credit dealings.
Supporting Evidence
From the said decision, it is clear that when a secured asset is sold by the secured creditor, no encumbrance created subsequent to the date of creating the mortgage in favour of the secured creditor would affect the title of the purchaser.

Judgment Evidence:

Hence, the petition is allowed. The attachment ordered I.A. No.1 of 2024 in O.S. No.927 of 2024 dated 04-09-2024 is lifted.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.V Cherian
Relation
Proprietor
Party Role
Plaintiff
Party Name
M/s. Koral the Printing Company
Relation
Represented by Managing Partner
Party Role
Plaintiff
Party Name
Shajimon C.A @ Shaji Antony
Party Age
57
Party Role
Plaintiff
Party Name
Union Bank of India
Party Role
Defendant
Party Name
Vivek Sukumar
Party Age
38
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
S. Gopakumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
T. M Binitha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Manju Antony
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Dhanya P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S. Krishnakumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nithin Krishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nand Kishor
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Parvathy Nair K.A
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petition is allowed to lift the attachment.
Evidence:
Hence, the petition is allowed. The attachment ordered I.A. No.1 of 2024 in O.S. No.927 of 2024 dated 04-09-2024 is lifted.

Documents & Evidence

Document Type: Copy of Order in Securitization Application
Submitted By: Defendant
Relevance:
Produced from the side of the 4th respondent for consideration of the petition.
Reference:
Ext.B1
Document Type: Copy of Sale Certificate
Submitted By: Defendant
Relevance:
Produced from the side of the 4th respondent for consideration of the petition.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K.V Cherian vs M/s. Koral the Printing Company regarding removal of attachment
Case Code Year
Case between K.V Cherian vs M/s. Koral the Printing Company regarding removal of attachment

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 09/04/2024 - 12:00
Case Closed
Thu, 03/20/2025 - 12:00
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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