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2008 Supreme(Ker) 684

KURIAN JOSEPH, K.T.SANKARAN
V. P. Fakrudheen Haji, S/O. Pareekutty – Appellant
Versus
State Bank of India, A Banking Company – Respondent


Advocates Appeared:For the Petitioner:Varghese C. Kuriakose, Advocate. For The Respondents:K.K. Chandran Pillai, Advocate.

Judgment :-

K.T. Sankaran, J.

The question involved in this appeal is whether a relief can be granted under Section 17(3) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in favour of a person other than the borrower. The application filed by the appellant/plaintiff for temporary injunction was dismissed by the court below, which is under challenge in this appeal.

2. The suit was filed by the appellant against one V.P.Sharaf and three others. The respondents, State Bank of India and its Chief Manager, are defendants 2 and 3. One P.A.Nazeer is the fourth defendant. The plaintiff prayed for a declaration that he is the absolute owner in possession of the plaint schedule properties and that Document No.1967/2006, Sub Registrars Office, Kuthiathodu, is only a "nominal sale deed operating as a security". There is an alternative prayer to declare that the aforesaid document is only a sham document and that defendants 2 and 3 had not obtained any right over the plaint schedule properties and they are not entitled to proceed against the same. There is a prayer for permanent prohibitory injunction against defendants 2 and 3 from "dis
































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