Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE SATHISH NINAN THURSDAY, THE 21ST DAY OF FEBRUARY 2019/2ND PHALGUNA, 1940 (AGAINST THE JUDGMENT DATED 11-12-2018 IN CMA No.8/2017 OF IIIRD ADDITIONAL DISTRICT COURT, THRISSUR) PETITIONERS/APPELLANTS/PETITIONERS: 1 GOURI, AGED 60 YEARS, 2 GEETHA, AGED 58 YEARS, 3 KRISHNAN, AGED 54 YEARS, S/O. KOCHUNNI, 4 MEERA, AGED 51 YEARS, 5 SHIBU K.K., AGED 55 YEARS
REPRESENTED BY POWER OF ATTORNEY HOLDER, RAJI SHIBU, AGED 41 YEARS, W/O. SHIBU, KUNNATHUVALAPPIL HOUSE, CHEMBUKAVU P.O., KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, KERALA.
6 SHARMILA, AGED 28 YEARS, D/O.GOPI, KUNNATHUPARAMPIL HOUSE, 7 SHABU, AGED 27 YEARS, S/O. GOPI, KUNNATHUPARAMPIL HOUSE, BY ADVS. SRI.M.B.SANDEEP SMT.K.P.SREEJA SMT.R.PRIYA SMT.SHERIN VARGHESE SRI.B.SURJITH SRI.M.J.KIRANKUMAR SRI.M.M.ALIYAR RESPONDENTS/RESPONDENTS/RESPONDENTS: 1 SRI. SAMSON, AGED 58 YEARS, S/O. FELIX, KURISINKAL HOUSE, ANCHERI DESOM, KURIACHIRA P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN-680 006. 2 CITY UNION BANK, THRISSUR CITY, KERALA, PIN CODE-680 001, REPRESENTED BY ITS CHIEF MANAGER/ AUTHORISED OFFICER. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JUDGMENT
The petitioners are the plaintiffs in a suit for cancellation of sale deed and for prohibitory injunction. Along with the suit, the petitioner filed an application as I.A.No.1552/2017 seeking an interim order of injunction to restrain the second defendant from evicting the petitioners from the petition schedule property, till the disposal of the suit. The application was dismissed by the trial court and the said order was confirmed in appeal. The proceedings initiated by the second respondent/Bank for eviction, is one under the provisions of the SARFAESI Act. Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prohibits the civil court from granting any order of injunction in respect of any action taken/being taken under the provisions of the SARFAESI Act. In view thereof, the courts below was right in dismissing the application. There is no error of jurisdiction warranting interference under Article 227 of the Constitution. The original petition fails and is dismissed. Sd/- SATHISH NINAN JUDGE ss APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE AMENDED PLAINT IN O.S.NO.7997/2015 BEFORE MUNSIFF COURT, EXHIBIT P2 TRUE COPY OF THE ORDER IN I.A.NO.24210/2015 IN O.S.NO.7997/2015 BEFORE MUNSIFF COURT, EXHIBIT P3 TRUE COPY OF THE I.A.NO.1552/2017 IN O.S.NO.7997/2015 BEFORE MUNSIFF COURT, EXHIBIT P4 TRUE COPY OF THE LIST OF DOCUMENTS DATED
23.11.2015, FILED BY THE COUNSEL FOR PLAINTIFFS IN O.S.NO.7997/2015 ON THE FILES OF MUNSIFF COURT, THRISSUR. EXHIBIT P5 TRUE COPY OF THE LIST OF DOCUMENTS DATED 12.01.2017, FILED BY THE COUNSEL FOR PLAINTIFFS IN O.S.NO. 7997/2015 ON THE FILES OF MUNSIFF COURT, THRISSUR.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 20.2.2017 IN I.A.NO.1552/2017 IN O.S.NO.7997/2015 BEFORE MUNSIFF COURT, THRISSUR. EXHIBIT P7 TRUE COPY OF THE APPEAL MEMORANDUM IN C.M.A.NO.18/2017 ON THE FILES OF 3RD ADDITIONAL DISTRICT AND SESSION COURT, EXHIBIT P8 TRUE COPY OF THE LIST OF DOCUMENTS DATED 3.3.2017, FILED BY THE COUNSEL FOR APPELLANTS IN C.M.A.NO.18/2017 ON THE FILES OF 3RD ADDITIONAL DISTRICT JUDGE, THRISSUR. EXHIBIT P9 TRUE COPY OF THE LIST OF DOCUMENTS DATED
8.3.2017, FILED BY THE COUNSEL FOR APPELLANTS IN C.M.A.NO.18/2017 ON THE FILES OF 3RD ADDITIONAL DISTRICT JUDGE, THRISSUR. EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN C.M.A. NO.18/2017 ON THE FILES OF 3RD ADDITIONAL DISTRICT AND SESSION COURT, THRISSUR. EXHIBIT P11 TRUE COPY OF THE COMMISSION REPORT IN I.A.NO. 24211/2015 IN O.S.NO.7997/2015 ON THE FILES OF MUNSIFF COURT, THRISSUR.