Case Summary
The plaintiffs, legal heirs of the late K.C. Rajan, are seeking a mandatory injunction against GIC Housing Finance Ltd. to return the sale deed and documents related to a housing loan. The defendants argue that the plaintiffs did not timely submit insurance claim documents and that the loan remains outstanding.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, ruling that the plaintiffs failed to prove their case for a mandatory injunction. The plaintiffs' claims regarding the insurance coverage for the outstanding loan balance were not supported by valid evidence.
Key Reasoning:
The plaintiffs did not prove that the insurance claim was valid or that the loan was repaid.
The plaintiffs did not prove that the insurance claim was valid or that the loan was repaid.
Why Defendant Won:
The plaintiffs did not prove that the insurance claim was valid or that the loan was repaid.
The plaintiffs did not prove that the insurance claim was valid or that the loan was repaid.
Supporting Evidence
The court was satisfied that the plaintiffs have failed to prove their case.
Judgment Evidence:
In the result Suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Laly Rajan
- Party Age
- 52
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Amal Raj
- Party Age
- 30
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aparna Raj
- Party Age
- 24
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sethulakshmi
- Party Age
- 85
- Relation
- M/o
- Party Role
- Defendant
- Party Name
- GIC Housing Finance Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Branch Manager, GIC Housing Finance Ltd.
Plaintiffs Documents
Certified copy of Sale deed no. 2622/1/2002, Loan offer letter issued by the 1st Defendant, Loan offer letter issued by the 2nd Defendant, Reply given by the 1st plaintiff to the 2nd defendant, Notice issued by 1st defendant to plaintiff
Defendants Documents
True copy of letter, Acknowledgment card, Status report of the loan of Rajan K C
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C Dilip
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R Pradeep
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- P N Vijayan Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Saji Issac
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiffs requested a mandatory injunction to return the Sale Deed and other documents.
Evidence:
Hence it is a matter which is to be taken in pursuance of any power granted under SARFAESI Act.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 2622/1/2002 of Muvattupuzha SRO, provided as security for the housing loan.
Reference:
Ext.A1
Document Type:
Loan Offer Letter
Submitted By:
Plaintiff
Relevance:
Loan offer letter issued by the 1st Defendant on 30.01.2004.
Reference:
Ext.A2
Document Type:
Loan Offer Letter
Submitted By:
Plaintiff
Relevance:
Loan offer letter issued by the 2nd Defendant on 19.12.2006.
Reference:
Ext.A3
Document Type:
Reply
Submitted By:
Plaintiff
Relevance:
Reply given by the 1st plaintiff to the 2nd Defendant regarding the death claim settlement.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by 1st Defendant to the plaintiff on 12.08.2013 regarding outstanding dues.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of letter dated 03.11.2008 regarding the requirement of original death certificate for insurance claim.
Reference:
Ext.B1
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Acknowledgment card showing receipt by the 1st plaintiff.
Reference:
Ext.B2
Document Type:
Status Report
Submitted By:
Defendant
Relevance:
Status report of the loan of K.C. Rajan as on 28.02.2025 showing the outstanding loan amount.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Laly Rajan et al vs GIC Housing Finance Ltd. et al regarding mandatory injunction.
Case Code Year
Case between Laly Rajan et al vs GIC Housing Finance Ltd. et al regarding mandatory injunction.