Case Summary
The plaintiff, Bose @ Chandrabose, is seeking a permanent prohibitory injunction against Mulamthruthy Service Co-operative Bank Ltd and others to produce the death certificate of his father, Mr. Bhaskaran. The case revolves around the release of an encumbrance on property owned by the plaintiff after the death of his father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction is passed directing the 5th defendant to produce the death certificate of the deceased father - Mr. Bhaskaran before the 1st defendant bank.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the 5th defendant to produce the death certificate of Mr. Bhaskaran and the first to third defendants to execute necessary deeds to release the encumbrance on the schedule property.
Why Plaintiff Won:
The court found no reason to disbelieve the plaintiff’s claims regarding the death of his father and the non-production of the death certificate by the 5th defendant.
The court found no reason to disbelieve the plaintiff’s claims regarding the death of his father and the non-production of the death certificate by the 5th defendant.
Losing Side's Weaknesses:
The court found no reason to disbelieve the plaintiff’s claims regarding the death of his father and the non-production of the death certificate by the 5th defendant.
The court found no reason to disbelieve the plaintiff’s claims regarding the death of his father and the non-production of the death certificate by the 5th defendant.
Supporting Evidence
The plaintiff has established that the discharge of the liability is not reflected in the official records, and that the plaintiff faces irreparable injury as a result.
Judgment Evidence:
In the result, the suit is decreed as follows: I. A decree of permanent prohibitory injunction is passed directing the 5th defendant to produce the death certificate of the deceased father - Mr. Bhaskaran before the 1st defendant bank. II. A decree of mandatory injunction is passed directing the first to third defendant to execute necessary deeds to release the encumbrance by virtue of the continuing security bond no.2223/1994 of SRO, Mulamthuruthy pertaining to the schedule property, on production of necessary documents as required by these defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bose @ Chandrabose
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mulamthruthy Service Co-operative Bank Ltd No. 23
- Party Role
- Defendant
- Party Name
- Mulamthruthy Service Co-operative Bank Ltd No. 23 represented through its President
- Party Role
- Defendant
- Party Name
- Mulamthruthy Service Co-operative Bank Ltd No. 23 represented through its Secretary
- Party Role
- Defendant
- Party Name
- Devayani
- Party Age
- 90
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Remani
- Party Age
- 69
- Relation
- D/o
Plaintiffs Documents
Certified copy of Partition Deed No. 2429/2003, Certified copy of Settlement Deed No. 1715/2017, Land Tax Receipt, Certified copy of document No. 2223/1994, Affidavit issued by Mulanthuruthy Service Co-Operative Bank, Certified copy of document No. 524/1974
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Naveen Chandran C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Navas V. E
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunu P. John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amal Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directed the first to third defendants to execute necessary deeds to release the encumbrance.
Evidence:
A decree of mandatory injunction is passed directing the first to third defendant to execute necessary deeds to release the encumbrance by virtue of the continuing security bond no.2223/1994 of SRO, Mulamthuruthy pertaining to the schedule property, on production of necessary documents as required by these defendants.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Directed the fifth defendant to produce the death certificate of Mr. Bhaskaran before the bank.
Evidence:
A decree of permanent prohibitory injunction is passed directing the 5th defendant to produce the death certificate of the deceased father - Mr. Bhaskaran before the 1st defendant bank.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to the costs of the suit from the fifth defendant.
Evidence:
The plaintiff is entitled to the costs of the suit from the 5th defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Established the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Confirmed the plaintiff's title to the property gifted by his mother.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Showed that the plaintiff has been remitting taxes on the property.
Reference:
Ext.A3
Document Type:
Continuing Security Bond
Submitted By:
Plaintiff
Relevance:
Related to the loan availed by the plaintiff's father.
Reference:
Ext.A4
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Relevant to the loan and encumbrance status.
Reference:
Ext.A5
Document Type:
Family partition deed
Submitted By:
Plaintiff
Relevance:
Established the original ownership of the property.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-production of death certificate
Case Code
Case between Bose @ Chandrabose vs Mulamthruthy Service Co-operative Bank Ltd et al regarding permanent prohibitory injunction.
Case Code Year
Case between Bose @ Chandrabose vs Mulamthruthy Service Co-operative Bank Ltd et al regarding permanent prohibitory injunction.