Case Summary
The case involves The Secretary, Vennala Service Co-operative Bank Ltd as the petitioner and Dr. Radha Devi Vijayakumar and Sri. Sunilkumar C.S. as respondents. The petition seeks to adjudicate the claim by the bank on a property mortgaged for a loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Execution Application
Final Judgment
No
The court ruled that the claim petitioner has the first charge over the property sought to be sold in execution. The sale of the property must respect this first charge.
Why Plaintiff Won:
The claim petitioner has established a first charge over the property due to the mortgage created by the second respondent.
The claim petitioner has established a first charge over the property due to the mortgage created by the second respondent.
Losing Side's Weaknesses:
The claim petitioner has established a first charge over the property due to the mortgage created by the second respondent.
The claim petitioner has established a first charge over the property due to the mortgage created by the second respondent.
Supporting Evidence
Evidently, as already mentioned above, the parties herein have no case that the property that is the subject matter of the petition herein is not one that had been mortgaged to the claim petitioner.
Judgment Evidence:
Hence, it can only be a case that this Court is to declare that the sale of the property in the execution proceedings in EP No. 279 /2023 can only be subject to the first charge of the claim petitioner herein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Secretary, Vennala Service Co-operative Bank Ltd No. E 774
- Party Role
- Defendant
- Party Name
- Dr. Radha Devi Vijayakumar @ T.K. Radha Devi
- Party Age
- 61
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Sri. Sunilkumar C.S.
- Party Age
- 43
- Relation
- S/o.
Plaintiffs Documents
Photocopy of Partition Deed No. 1367/2019, Photocopy of Form No. 1, Photocopy of Award, Photocopy of Demand Notice, Photocopy of Form 6 Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Numpeli Junior
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnapriya A.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. A Rasheed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. M Haris
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Claim petition seeking to adjudicate the claim of the petitioner on the property.
Evidence:
Hence, the claim petition seeking to adjudicate the claim of the petitioner on the property having an extent of 3.04 Ares of land in Survey No. 44/1/16 Edappally South Village, Kanayannur Taluk, Ernakulam District and the house situated in it, all its improvements, amenities and all rights there on.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Marked for consideration to establish the claim of the petitioner.
Reference:
Ext.A1
Document Type:
Gahan Document
Submitted By:
Plaintiff
Relevance:
Marked for consideration to establish the loan agreement.
Reference:
Ext.A2
Document Type:
Award
Submitted By:
Plaintiff
Relevance:
Marked for consideration relating to the recovery of the loan.
Reference:
Ext.A3
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Marked for consideration to show the communication regarding the loan default.
Reference:
Ext.A4
Document Type:
Form 6 Notice
Submitted By:
Plaintiff
Relevance:
Marked for consideration to demonstrate the notice served to the judgment debtor.
Reference:
Ext.A5
Case Classification
Case Type
Execution Application
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between The Secretary, Vennala Service Co-operative Bank Ltd No. E 774 vs Dr. Radha Devi Vijayakumar @ T.K. Radha Devi et al regarding claim on property
Case Code Year
Case between The Secretary, Vennala Service Co-operative Bank Ltd No. E 774 vs Dr. Radha Devi Vijayakumar @ T.K. Radha Devi et al regarding claim on property