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I.A. No. 4994/2019

Case between Pradeep vs Sumesh Balakrishnan et al regarding partnership deed

Court
Munsiff Court, Ernakulam
Judge
Smt. Needi.K.Dinamany
Order Date
2025-01-04
Duration

Judgement document from eCourt website

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Case Summary

Parties involved are Pradeep and Sumesh Balakrishnan et al. The case is about a dispute over a partnership deed, with allegations of fraud and forgery.

Judgment Outcome

Partial Relief
Interim Order
Petition of plaintiff was dismissed. Defendant's petitions were allowed. Each party to bear own costs.
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Case
Final Judgment
No
Key Reasoning:

Judgment Evidence:

Parties Involved

Plaintiffs

Pradeep (60 years) N S Land, Kalluvathukkal, Pampuram, Kollam

Defendants

Sumesh Balakrishnan (40 years) No: 3 Mythri Nagar, Vaduthala, Ernakulam Aiswarya (34 years) 2241-245, Pooja, Nivedyam, Vaduthala, Ernakulam Sumesh Balakrishnan (40 years) Susmi, Puzhavathu, Changanacherry, Kottayam- 686101 Aiswarya (34 years) 2241-245, Poya, Nivedyam, Vaduthala, Ernakulam

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Decree declaring that the document styled as partnership deed dated 25.11.2014 having Registration No.2585/2017 is created by forgery and fraud and to cancel the same and for consequential injunction
Evidence:
Common Order, Points 16-18

Documents & Evidence

Document Type: Discharge Card
Submitted By: Plaintiff
Relevance:
Copy of discharge card of plaintiff for the period 24.02.14 to 03.03.14
Reference:
Ext.A1
Document Type: Discharge Card
Submitted By: Plaintiff
Relevance:
Copy of discharge card of plaintiff for the period 13.08.15 to 16.08.15
Reference:
Ext.A2
Document Type: Discharge Card
Submitted By: Plaintiff
Relevance:
Copy of discharge card of plaintiff for the period 22.07.17 to 26.07.17
Reference:
Ext.A3
Document Type: Scan Report
Submitted By: Plaintiff
Relevance:
Copy of scan report of plaintiff dated 9-08-2017
Reference:
Ext.A4
Document Type: Allotment Letter
Submitted By: Plaintiff
Relevance:
Copy of allotment letter dated 30-05-2018 issued by District Industries Centre, Kasargod to plaintiff
Reference:
Ext.A5
Document Type: Interview Letter
Submitted By: Plaintiff
Relevance:
Copy of interview letter dated 5-11-2014 issued by District Industries Centre, Kasaragod to plaintiff
Reference:
Ext.A7
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Copy of letter dated 19-03-18 issued by plaintiff to District Industries Centre, Kasaragod
Reference:
Ext.A8
Document Type: Affidavit
Submitted By: Plaintiff
Relevance:
Copy of affidavit dated 10-07-2018 submitted by plaintiff before District Industries Centre, Kasaragod
Reference:
Ext.A9
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Copy of receipt dated 03-04-2019 issued by Sub Treasury to plaintiff towards payment of land value to District Industries Centre, Kasaragod
Reference:
Ext.A10
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Copy of complaint dated 17-06-19 submitted by plaintiff to Central Police Station, Ernakulam
Reference:
Ext.A11
Document Type: Form
Submitted By: Plaintiff
Relevance:
Copy of Form A of Registrar of Firms dated 29-04-2019 with covering letter issued to plaintiff
Reference:
Ext.A12
Document Type: Form
Submitted By: Plaintiff
Relevance:
Copy of Form C dated 6-07-2017 obtained from Registrar of Firms Thiruvananthapuram
Reference:
Ext.A13
Document Type: Partnership Deed
Submitted By: Plaintiff
Relevance:
Copy of partnership deed dated 25-11-2014 alleged to be executed by plaintiff and defendants
Reference:
Ext.A14
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Copy of complaint dated 22-04-2019 submitted by plaintiff to Inspector General of Registration, Thiruvananthapuram
Reference:
Ext.A15
Document Type: Partnership Deed
Submitted By: Defendant
Relevance:
Copy of partnership deed executed on 25-11-2014
Reference:
Ext.B1
Document Type: Email Communication
Submitted By: Defendant
Relevance:
Printout of email sent to SBI by the 2nd defendant dated 23-07-2019 and email from SBI Lisie branch sent to SBI and copies marked to GM-DIC and SBI dated 09-07-2018
Reference:
Ext.B7
Document Type: Statement of Account
Submitted By: Defendant
Relevance:
Copy of statement of account from 01-04-2018 to 31-03-2019 bearing account No. 30673824225 belonging to 1st defendant reflecting the amount of Rs.60,732/- on 06-07-2018
Reference:
Ext.B9
Document Type: Feasibility Certificate
Submitted By: Defendant
Relevance:
Copy of feasibility certificate issued by Assistant Executive Engineer, Electrical Division, Kasargod
Reference:
Ext.B13

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
70%

Involved Entities

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