IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 OP(C) NO. 288 OF 2025 OS NO.940 OF 2013 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT, THRISSUR PETITIONER/PETITIONER IN IA NO.2/2023 & IA NO.3/2023 IN OS NO.940/2013: STATE BANK OF INDIA ASSET RECOVERY MANAGEMENT BRANCH (PRESENTLY SARB-II) ERNAKULAM, RS BUILDING, MG ROAD, ERNAKULAM, REP. BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER, PIN - 682016 BY ADVS. M.JITHESH MENON P.G.MAHESHKUMAR RESPONDENT/RESPONDENT IN IA NO.2/2023 & IA NO.3/2023 IN OS NO.940/2013: 1 MURALEEDHARAN S/O. VELAYUDHAN, RESIDING AT PANDAPARAPPARAMBIL HOUSE, VAZHIYAMBALAM DESOM, KODAKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680684 2 GOPI S/O.KARAPPAN, RESIDING AT THEKKETHARA HOUSE, MYLIPADAM, CHEMBUKAVU VILLAGE, THRISSUR DISTRICT, PIN - 680005 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 288/2025 -2- 2025:KER:24690 JUDGMENT (Dated this the 18th day of March, 2025) The original petition is filed by State Bank of India for a direction to dispose of Exts.P4 and P5 as expeditiously as possible, within a time frame. 2. Ext.P4 is an application filed by the petitioner under Section 151 CPC to declare that the decree and judgment in OS No.940/2013 is obtained by fraud on the court and hence non-est and null and to recall the same. Ext.P5 is an application to condone the delay in filing the said application. Exts.P6 and P7 are the objections filed by the respondents herein. 3. A report was called for and a report dated 17.02.2025 is received, wherein it is stated that Ext.P4-IA Nos.2/2023 and Ext.P5-IA No.3/2023 were listed for hearing of both sides to 12.03.2025. 4. The counsel for the petitioner submits that on 12.03.2025, the matter is adjourned to 27.06.2025. Since the OPC 288/2025 -3- 2025:KER:24690 applications were filed as early as on 05.04.2023, a direction may be issued to take up those IAs. Having heard the counsel for the petitioner and considering the report of the II Additional Sub Judge, Thrissur, the original petition is disposed of, directing the Trial Court to take up IA Nos.2/2023 and 3/2023 and pass orders within a period of three months from the date of receipt of a copy of this judgment. Sd/- BASANT BALAJI JUDGE JS OPC 288/2025 -4- 2025:KER:24690 APPENDIX OF OP(C) 288/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.3495/2013 DATED 26.07.2013 Exhibit P2 TRUE COPY OF THE MEMORANDUM OF DEPOSIT OF TITLE DEEDS EXECUTED BY THE SON OF THE 2ND RESPONDENT DATED 17.10.2013 Exhibit P3 TRUE COPY OF THE MEMORANDUM OF EXTENSION OF EQUITABLE MORTGAGE DATED 15.02.2014 Exhibit P4 TRUE COPY OF THE I.A. NO. 2/2023 IN O.S. NO. 940/2013 FILED BY THE PETITIONER BEFORE THE SUB COURT, THRISSUR DATED 05.04.2023. Exhibit P5 TRUE COPY OF THE I.A.NO. 3/2023 IN O.S. NO. 940/2013 FILED BY THE PETITIONER BEFORE THE SUB COURT, THRISSUR DATED 05.04.2023. Exhibit P6 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT IN I.A. NO. 2/2023 IN O.S. NO.940/2013 DATED 04.07.2023 Exhibit P7 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT IN I.A. NO. 3/2023 IN O.S. NO.940/2013 DATED 03.07.2023