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E.A No. 865/2025 in E.P 279/2023 in O.S No. 1143/2018

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

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2026-01-09
Duration
approximately-7 years 0 days
Case Closed
Fri, 01/09/2026 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Fri, 01/09/2026 - 12:00
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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