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OS. No.22/2022

Case between IDBI Bank Ltd et al vs Nimisha Shinil et al regarding maintainability of suit for fixation of boundaries and injunction

Court
COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt.Sirsha.N.A.
Order Date
2024-07-06
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

IDBI Bank Ltd is the petitioner challenging the maintainability of a suit filed by Nimisha Shinil and others seeking fixation of boundaries and a permanent injunction against encroachment on a property. The court found the suit maintainable as the property in question was not mortgaged with the bank.

Judgment Outcome

Defendant Won
Interim Order
The petition filed by IDBI Bank Ltd was dismissed, and the court found the suit filed by the plaintiffs to be maintainable.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition filed by IDBI Bank Ltd was dismissed, and the court found the suit filed by the plaintiffs to be maintainable.
Key Reasoning:
The court determined that the suit is maintainable as the property was not the secured asset of the petitioner bank.
Why Defendant Won:
The court determined that the suit is maintainable as the property was not the secured asset of the petitioner bank.
Supporting Evidence
Accordingly, a civil court does not have jurisdiction in matters empowered with the Debt Recovery Tribunal or the Appellate Tribunal.

Judgment Evidence:

In the result: - the petition is dismissed with no costs and the suit is found to be maintainable.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Nimisha Shinil
Relation
W/o Late Shinil Abraham
Party Role
Plaintiff
Party Name
Alfin Shinil
Relation
S/o Late Shinil Abraham
Party Role
Plaintiff
Party Name
Alvina Sara Shinil
Relation
D/o Late Shinil Abraham
Party Role
Defendant
Party Name
IDBI Bank Ltd
Relation
Represented by
Party Role
Defendant
Party Name
Krishnamoorthy K.S
Party Age
6917
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Ramya Jaykar
Appearance Type
Main Counsel
Law Firm
Jaykar & Athulya N
Party Role
Plaintiff
Advocate Name
P.R.Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
John T Paul
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Soman K.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Justin Bose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Thomas Bose
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiffs sought a permanent prohibitory injunction against the defendants from encroaching into the plaint A schedule property.
Evidence:
the petition is dismissed with no costs and the suit is found to be maintainable.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Challenge to maintainability of suit
Case Code
Case between IDBI Bank Ltd et al vs Nimisha Shinil et al regarding maintainability of suit for fixation of boundaries and injunction
Case Code Year
Case between IDBI Bank Ltd et al vs Nimisha Shinil et al regarding maintainability of suit for fixation of boundaries and injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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