Case Summary
Rajkapoor.K filed a petition seeking a temporary injunction to prevent Sulfikkar and the Authorised Officer of Canara Bank from forcibly evicting him from a property without returning a deposit. The plaintiff claims to reside in the property and is facing eviction due to a notice issued by the second defendant.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for temporary injunction filed by Rajkapoor.K was dismissed, with costs awarded to the second defendant. The court found that the defendants are authorized to take possession of the property under the SARFAESI Act.
Key Reasoning:
The court determined that the possession was being taken through proper legal process under the SARFAESI Act, and therefore, the plaintiff had no prima facie case.
The court determined that the possession was being taken through proper legal process under the SARFAESI Act, and therefore, the plaintiff had no prima facie case.
Why Defendant Won:
The court determined that the possession was being taken through proper legal process under the SARFAESI Act, and therefore, the plaintiff had no prima facie case.
The court determined that the possession was being taken through proper legal process under the SARFAESI Act, and therefore, the plaintiff had no prima facie case.
Supporting Evidence
The plaintiff has no prima facie case, and the balance of convenience is also not in his favour. Granting an injunction in such circumstances would only obstruct the lawful rights of the secured creditor and defeat the very object of the statutory mechanism.
Judgment Evidence:
In the result, the petition is dismissed with costs of the 2nd respondent/2nd defendant. Needless to say, the interim order passed by this Court on 21/05/2025 is hereby vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajkapoor.K
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulfikkar
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Authorised Officer, Canara Bank
Plaintiffs Documents
02-08-2022 Contract Paper, 10-01-2025 Auction sale notice for sale of Immovable property, Canara Bank.
Defendants Documents
Copy of Order in MC. 658/2025 of Hon’ble Chief Judicial Magistrate, Kollam.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.L.Prasanth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sumith Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for a temporary injunction restraining the defendants from forcefully evicting the plaintiff.
Evidence:
The Court finds that the petitioner has no prima facie case, and the balance of convenience is also not in his favour.
Documents & Evidence
Document Type:
Contract Paper
Submitted By:
Plaintiff
Relevance:
The document contains the agreement under which the plaintiff paid an interest-free deposit for residence.
Reference:
Ext.A1
Document Type:
Auction sale notice for sale of Immovable property
Submitted By:
Plaintiff
Relevance:
This notice pertains to the auction sale related to the property in question.
Reference:
Ext.A2
Document Type:
Copy of Order in MC. 658/2025
Submitted By:
Defendant
Relevance:
The order allows the secured creditor to take possession of the mortgaged property under SARFAESI Act.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
OS.
Case Code Year
2025