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O.S No. 926/2024

Case between Vivek Sukumar vs K.V Cherian et al regarding removal of attachment

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

Judgement document from eCourt website

Judgment Document
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Case Summary

Vivek Sukumar, the petitioner, filed a petition to remove the attachment on his property. The property was previously attached under a suit filed by the plaintiff K.V Cherian for recovery of a sum of 2,62,567/-.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to remove the attachment on the property, stating that the attachment ordered in a previous suit was lifted.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to remove the attachment on the property, stating that the attachment ordered in a previous suit was lifted.
Why Plaintiff Won:
The petitioner proved that the property had been sold under the provisions of the SARFAESI Act, and that prior attachments do not affect the title of the purchaser.
Losing Side's Weaknesses:
Not available
Supporting Evidence
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:

The attachment ordered in IA.1/2024 in OS 926/2024 dated 04.09.2024 is lifted. Intimate the same to the SRO and VO concerned.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.V Cherian
Party Role
Plaintiff
Party Name
Shajimon C.A @ Shaji Antony
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Union Bank of India
Party Role
Defendant
Party Name
Vivek Sukumar
Party Age
38
Relation
S/o
Plaintiffs Documents
Copy of Order in Securitization Application No. 595/2024, Copy of Sale Certificate
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
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
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
Benisha Chandhini
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S. Krishnakumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Lifted the attachment ordered in IA.1/2024 in OS 926/2024.
Evidence:
The petition is allowed as prayed for. Hence, the petition is allowed. The attachment ordered in IA.1/2024 in OS 926/2024 dated 04.09.2024 is lifted.

Documents & Evidence

Document Type: Copy of Order in Securitization Application
Submitted By: Defendant
Relevance:
Submitted by the third respondent bank to support the case of the petitioner.
Reference:
Ext.B1
Document Type: Copy of Sale Certificate
Submitted By: Defendant
Relevance:
Produced from the side of the third 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
Secured asset under SARFAESI Act
Case Code
Case between Vivek Sukumar vs K.V Cherian et al regarding removal of attachment
Case Code Year
Case between Vivek Sukumar vs K.V Cherian et al regarding removal of attachment

Quick Facts

Location
Kerala
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 09/04/2024 - 12:00
Case Closed
Thu, 01/01/2026 - 12:00
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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