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2018 Supreme(Ker) 784

V.CHITAMBARESH, R.NARAYANA PISHARADI
Elsamma – Appellant
Versus
Kaduthuruthy Urban Co. Operative Bank Ltd. – Respondent


Advocates Appeared:
For the Appellant : Sri. G. Chandrasekhar, Sri. Sijo George, By Advs.
For the Respondent:Sri. Varghese C.Kuriakose, Adv., Advocate Commissioner Sri. Rajesh Kannan

ORDER :

Chitambaresh, J.

1.The regular second appeal comes before us on a reference made by the learned single Judge doubting the correctness of the decision in KHDFC Bank Ltd. and others v. Prestige Educational Trust [ILR 2015 (4) Kerala 938].

2. The suit in O.S.No.262/2016 is one for a decree of permanent prohibitory injunction restraining the defendants from trespassing or otherwise taking possession of the plaint A schedule property. The plaintiffs assert that the secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ['SARFAESI Act'] is the plaint B schedule. An attempt to take possession of the plaint A schedule property over which no security interest has been created is the cause of action alleged. It is averred that the plaintiffs are the owners in possession of the plaint A schedule property which lies adjacent to the plaint B schedule property. The defendants are the Bank who is the secured creditor, its General Manager and its authorised officer who have taken measures under the provisions of the SARFAESI Act.

3. A preliminary objection was raised by the defendants as regards the maintainability of the su











































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