Case between Nazeer T R vs The Manager, Kerala State Co Operative bank Limited et al regarding eviction from property

Case Summary

The plaintiff, Nazeer T R, is involved in a legal dispute with multiple defendants concerning alleged attempts to evict him from properties, violating a previous court decree. The court finds that the proper course is to enforce the prior decree, not to initiate a new suit.

Judgment Outcome

Defendant Won

Interim Order

The court ruled that the suit is not maintainable as the proper legal recourse would have been to enforce the prior decree through the execution court. The defendants attempted to evict the plaintiff in violation of a previous decree.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

No

The court ruled that the suit is not maintainable as the proper legal recourse would have been to enforce the prior decree through the execution court. The defendants attempted to evict the plaintiff in violation of a previous decree.

Key Reasoning:
The current suit was deemed not maintainable due to the existence of a prior decree.

Why Defendant Won:
The current suit was deemed not maintainable due to the existence of a prior decree.

Supporting Evidence

It was specifically alleged that the defendants no.2 to 5 have tried to violate the decree in O.S.514/2021.

Judgment Evidence:

In such a circumstances, the present suit is not maintainable.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Nazeer T R
Party Age: 50
Relation: S/o

Party Role: Defendant
Party Name: The Manager, Kerala State Co Operative bank Limited

Party Role: Defendant
Party Name: Geetha Jiju
Party Age: 52
Relation: W/o

Party Role: Defendant
Party Name: Ponam Sara Jiju
Party Age: 27
Relation: D/o

Party Role: Defendant
Party Name: Pranav Jiju
Party Age: 25
Relation: S/o

Party Role: Defendant
Party Name: Paul Jiju
Party Age: 19
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Hameed Manthalasseril
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Aleena S
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Yazir Manthalasseril
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Galib M H Manthalasseril
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Venugopala Pillai
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: V D Joseph
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Anagha J
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sneha Sara Saji
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Aarcha Nair M
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Denny Jose Mathew
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Nigil George Thomas
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Gowri V Nair
Appearance Type: Main Counsel

Reliefs

Relief Type: Eviction

Outcome: Refused

Description:

Plaintiff sought eviction of the defendants from the plaint schedule properties.

Evidence:

the present suit is not maintainable

Documents & Evidence

Case Classification