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2021 Supreme(Online)(KER) 35830

HIGH COURT OF KERALA
SUNIL THOMAS, J
SHAJI C.V. – Appellant
Versus
THE BRANCH MANAGER – Respondent


Advocates:
SRI.MATHEW JOHN (K), SRI.MATHEW DEVASSI, SRI.ABY J AUGUSTINE, SRI.T.A.RAJAN

JUDGMENT

Dated this the 23rd day of February 2021 The petitioners and one late C.V Paul are the children of one C.P. Varghese @ C.P Varuthukutty, who had an account in the respondent Bank. The amount in credit was Rs. 92,236/-. C.P.Varghese died on 10.06.2017 and Ext.P2 relationship certificate issued by the Village Officer Edappally South village dated 18.06.2020 indicates that, the deceased had left behind four legal heirs.

2. The petitioners are three out of four children of late C.P.Varghese. The fourth son C.V Paul is no more. The whereabouts of the legal heirs of C.V Paul are not known to the petitioners. The petitioners came to know from Ext.P3 that the amount is in the account of the father. Hence they approached the authorities for release of their share, which was not granted. The petitioner had approached this Court seeking a direction to release their share of amount.

3. The petitioner seems to be in a difficult situation. Their brother C.V Paul is no more and the legal heirs of Mr.C.V Paul are not available. It is submitted at the time of hearing that, C.V Paul had married a woman and hence the petitioners were not maintaining good relationship with the family of C.V Paul

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