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2023 Supreme(Ker) 859

VIJU ABRAHAM
P. Santhakumary Amma, W/o Late P. Gopinathanpillai – Appellant
Versus
Indian Overseas Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADVS.T.M.CHANDRAN, S.SUJITH
For the Respondent: Sunil Shankar A, VIDYA GANGADHARAN, JERIN GEORGE(K/863/2023)

JUDGMENT :

The above writ petition is filed seeking to quash Exts. P3, P5 and P6 and for a further direction commanding respondents 1 and 2 to return the title deed Nos.2031/1973, 194/1953 and 307/1964 of SRO Palugal, Kanyakumari district, Tamil Nadu to the legal heirs of Shri. P.Gopinathan Pillai,(the petitioners and the respondent Nos. 3, 4 and 5) without any delay.

2. The short facts necessary for the disposal of this writ petition are as follows: The petitioners and the respondents 3 to 5 are the only legal heirs of late Shri. P. Gopinathan Pillai, who was the proprietor of M/s.Laxmi Cashew Corporation at Kollam. The said Gopinathan Pillai died on 09.05.2003. Cash credit facilities were availed from respondent No.1 by late Sri. P. Gopinathan Pillai in the year 1997 as proprietor of M/s.Laxmi Cashew Corporation, mortgaging immovable properties and the said liability has been satisfactorily discharged in the year 1999 by paying the full amount along with interest. The said properties were not secured for any other loan and have also not availed of any other loan from the respondent bank. The legal heirs of the said late Sri. P. Gopinathan Pillai came to know that respondent No. 1 b

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