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O.S No. 1396/2005

Case between Chandran et al vs P S S Varadaraja Nadar et al regarding redemption of mortgage and permanent prohibitory injunction

Court
II Additional Munsiff Court
Judge
Smt. Needi.K.Dinamany
Order Date
2024-09-30
Duration
approximately-19 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Chandran and others, are seeking redemption of a mortgage and a permanent prohibitory injunction against the defendants, who include P S S Varadaraja Nadar and others. The case involves disputes over property originally belonging to Ayyappan Sankaran, with issues regarding title and the legality of various transactions.

Judgment Outcome

Plaintiff Won
Interim Order
The plaintiffs were found to have the right to redeem the mortgage. The court directed an account of principal and interest on the mortgage properties to be taken and instructed the plaintiffs to pay the determined amount within three months.
Judgment Favored
Plaintiff
Relief Granted
Redemption of mortgage property
Case Type
Civil Suit
Final Judgment
No
The plaintiffs were found to have the right to redeem the mortgage. The court directed an account of principal and interest on the mortgage properties to be taken and instructed the plaintiffs to pay the determined amount within three months.
Why Plaintiff Won:
The plaintiffs are the legal heirs of the original mortgagor and the mortgage is proved to be subsisting.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court concluded that the plaintiffs, being the legal heirs, have the right to redeem the mortgage as it is still subsisting and supported by valid documents.

Judgment Evidence:

In the result: 1) Plaintiffs are entitled to redemption of mortgage property. 2) It is directed to take out an account of the principal and interest on the mortgage properties as on date of decree as well as costs within 3 months. 3) The plaintiffs are directed to pay into court the amount so fixed in the account taken within 3 months of preparation of accounts. 4) In case of default of payment by plaintiff, defendant may apply to court for a final decree for foreclosure of mortgage.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Chandran
Party Age
53
Relation
S/o
Party Role
Plaintiff
Party Name
Bhanumathy
Party Age
69
Relation
W/o
Party Role
Plaintiff
Party Name
Santhamma
Party Age
65
Relation
W/o
Party Role
Plaintiff
Party Name
Rajamma
Party Age
57
Relation
W/o
Party Role
Plaintiff
Party Name
Mani
Party Age
55
Relation
W/o
Party Role
Defendant
Party Name
P S S Varadaraja Nadar
Party Age
86
Relation
S/o
Party Role
Defendant
Party Name
Radha Krishnan
Party Age
75
Relation
S/o
Party Role
Defendant
Party Name
Nagaendran
Party Age
70
Relation
S/o
Party Role
Defendant
Party Name
Ramagopal
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Santharam
Party Age
65
Relation
S/o
Plaintiffs Documents
Partition deed No. 753/1093 M E, Mortgage deed No. 976/1100 M E, Mortgage deed No. 888/1116 M E
Defendants Documents
Adimayavakasha certificate no. 149, Lease agreements, Various receipts from Tripunithura Devaswom

Advocates

Party Role
Plaintiff
Advocate Name
K C Charles
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
E N Hari Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C Unnikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nidhi Balachandran
Appearance Type
Main Counsel

Reliefs

Relief Type: Redemption
Outcome: Granted
Description:
Plaintiffs sought the redemption of the mortgage.
Evidence:
Plaintiffs are entitled to redemption of mortgage property.
Relief Type: Permanent Injunction
Outcome: Not Decided
Description:
Plaintiffs requested a permanent prohibitory injunction.
Evidence:
Relief Type: Declaration
Outcome: Granted
Description:
Plaintiffs sought a declaration that the defendants' rights are void.
Evidence:
The certificates obtained by the defendants are a clog on the equity of redemption.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Establishes ownership of property by the plaintiffs.
Reference:
Ext.A1
Document Type: Mortgage Deed
Submitted By: Plaintiff
Relevance:
Supports the plaintiffs' claim for redemption of mortgage.
Reference:
Ext.A2
Document Type: Mortgage Deed
Submitted By: Plaintiff
Relevance:
Further establishes the mortgage claim by the plaintiffs.
Reference:
Ext.A11
Document Type: Adimayavakasha certificate
Submitted By: Defendant
Relevance:
Claimed by defendant to establish their rights over the property.
Reference:
Ext.B1
Document Type: Sales deed
Submitted By: Defendant
Relevance:
Used by defendants to assert ownership of property.
Reference:
Ext.B5
Document Type: Sales deed
Submitted By: Defendant
Relevance:
Supports defendants' counterclaims against plaintiffs.
Reference:
Ext.B14
Document Type: Purchase Certificate
Submitted By: Defendant
Relevance:
Used by defendant to support legal ownership of the property.
Reference:
Ext.B8
Document Type: Commission Report
Submitted By: Court
Relevance:
Court document supporting evidence in the case.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Additional court document supporting the findings of the case.
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Redemption of mortgage
Case Code
Case between Chandran et al vs P S S Varadaraja Nadar et al regarding redemption of mortgage and permanent prohibitory injunction
Case Code Year
Case between Chandran et al vs P S S Varadaraja Nadar et al regarding redemption of mortgage and permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 10/19/2005 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Hindu Malayala Kammala Community

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