RFA NO. 142 OF 2013 1 2025:KER:31030 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 RFA NO. 142 OF 2013 AGAINST THE JUDGMENT AND DECREE DATED 27.09.2012 IN OS NO.319 OF 2009 OF PRINCIPAL SUBORDINATE JUDGE’S COURT,IRINJALAKUDA APPELLANT/ DEFENDANT No.3: CANARA BANK PALACE ROAD BRANCH, THRISSUR TALUK AND VILLAGE, REPRESENTED BY MANAGER, CANARA BANK,PALACE ROAD, THRISSUR. BY ADV SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENTS/PLAINTIFF/ DEFENDANT nO. 1 & 2 1 NARAYANAN NAMBOOTHIRIPAD S/O THEKKINIYEDATH THARANANELLURU CHEMPAPPILLY MANAIKKAL NARAYANAN NAMBOOTHIRIPAD, KATTOOR VILLAGE AND DESOM P.O., MUKUNDAPURAM TALUK, THRISSUR. 2 BEERAJ AGED 31 YEARS S/O T.R. BHASKARAN, THEKKOOT, CHIYYARAM VILLAGE AND DESOM, THRISSUR TALUK. 3 SUNIL BAVA AGED 47 YEARS S/O MADAN MOHAN SINGH, SUDHARMA, CHEROOOR ROAD, RFA NO. 142 OF 2013 2 2025:KER:31030 PERINGAVU VILLAGE AND DESOM, THRISSUR TALUK. 4 SANTHOSH BAWA MOTHER OF LATE SUNIL BAWA, D1801,PURI DIPLOMATIC GREENS, SECTOR 110A, BAJGHERA, GURUGRAM, HARYANA 5 SMT. SHALLYBHASIN BAWA WIFE OF LATE SUNIL BAWA, D1801,PURI DIPLOMATIC GREENS, SECTOR 110A, BAJGHERA, GURUGRAM, HARYANA 6 PRANAV BAWA SON OF LATE SUNIL BAWA, D1801,PURI DIPLOMATIC GREENS, SECTOR 110A, BAJGHERA, GURUGRAM, HARYANA 7 TANVEER BAWA SON OF LATE SUNIL BAWA, D1801,PURI DIPLOMATIC GREENS, SECTOR 110A, BAJGHERA, GURUGRAM, HARYANA [THE LEGAL HEIRS OF DECEASED R3 ARE IMPLEADED AS ADDL. R4 TO R7 VIDE ORDER DATED 20.06.2023 IN IA 2/2023] BY ADVS. LUKE J CHIRAYIL ANUPAMA SUBRAMANIAN K.R.SRIPATHI(K/206/2012) ELSA MARY THOMAS AMAL JOSE THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RFA NO. 142 OF 2013 3 2025:KER:31030 A. BADHARUDEEN, J ============================ R.F.A. No. 142 of 2013 ============================== Dated 08th day of April 2025 JUDGMENT This regular Ξrst appeal has been Ξled under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, by the 3rd defendant, Canara Bank, challenging the decree and judgment dated 27.09.2012 in O.S. No. 319 of 2009 on the Ξles of the Principal Subordinate Judge, Irinjalakkuda. 2. Heard the learned counsel for the appellant as well as the learned counsel representing the 1st respondent/plaintiΛ. RFA NO. 142 OF 2013 4 2025:KER:31030 3. Here, a suit for cancellation of Ext.A1 sale deed No. 1026/2006 of Kattoor SRO, was allowed by the trial court, and Ext.A1 was declared null and void. In fact, based on Ext.A1 sale deed, the second defendant, who is the third respondent herein, mortgaged the property to Canara Bank and availed a loan. During the hearing of this appeal, the learned counsel for Canara Bank/appellant submitted that the liability of the bank has now been discharged by the son of the third respondent, and the bank is in a dilemma as to whom the Bank hand over Ext.A1 and the documents produced by Sri. Sunil Bava, which were executed in relation to the mortgage. RFA NO. 142 OF 2013 5 2025:KER:31030 4. The learned counsel for the 1st respondent would submit that the 1st respondent has no objection in handing over the documents in favour of additional R4 to R7, who are the legal representatives of Sri.Sunil Bava. Since the money due to the bank has been realized, and the only grievance of the bank is pertaining to the return of the documents, the appeal is dismissed by conΞrming the decree and judgment, with a direction to the appellant/Canara Bank to entrust the documents including Ext.A1 to one of the additional respondents 4 to 7. Registry is directed to forward copy of the trial court decree and this judgment to the Sub Registrar and Village OΜcer RFA NO. 142 OF 2013 6 2025:KER:31030 concerned to enter the same in the oΜce records regarding cancellation of Ext.A1 and for future guidance. Sd/- A. BADHARUDEEN JUDGE RMV