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
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.
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
Plaintiffs
Bose @ Chandrabose (62 years years)
Pathanipadath (H), Mulamthuruthy Kara and Village at Kanayannoor Taluk, Ernakulam District (Mulamthuruthy (P.O) Pin 682 314)
Defendants
Mulamthruthy Service Co-operative Bank Ltd No. 23 (Age not specified years)
Mulamthuruthy - Arakunnam road, Pallithazham, Mulamthuruthy Kara and Village at Kanayannoor Taluk, Ernakulam District, Mulamthuruthy (P.O) Pin 682 314
Mulamthruthy Service Co-operative Bank Ltd No. 23 represented through its President (Age not specified years)
Mulamthuruthy - Arakunnam road, Pallithazham, Mulamthuruthy Kara and Village at Kanayannoor Taluk, Ernakulam District, Mulamthuruthy (P.O) Pin 682 314
Mulamthruthy Service Co-operative Bank Ltd No. 23 represented through its Secretary (Age not specified years)
Mulamthuruthy - Arakunnam road, Pallithazham, Mulamthuruthy Kara and Village at Kanayannoor Taluk, Ernakulam District, Mulamthuruthy (P.O) Pin 682 314
Devayani (about 90 years years)
Pathanipadath (H), Mulamthuruthy Kara and Village at Kanayannoor Taluk, Ernakulam District (Mulamthuruthy (P.O) Pin 682 314)
Remani (about 69 years years)
Pallickanirappil (H), Kaipattoor Kara and Village at Kanayanur Taluk Kaipattoor (P.O) Pin 682 313
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