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O.S No. 368/2019

Case between Sudha et al vs Shyamala regarding recovery of money.

Court
Court of the Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2025-03-12
Duration
approximately-5 years
Case Closed
Wed, 03/12/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Sudha and Suma, are siblings who lent money to the defendant, Shyamala, for personal use. The defendant failed to repay the loan despite multiple demands, leading to the plaintiffs filing suit for recovery.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs and ordered the defendant to repay the loan amount along with interest. The court also granted costs for the litigation.
Judgment Favored
Plaintiff
Relief Granted
The defendants should pay the plaintiff an amount of 8,59,093/- with 7% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs and ordered the defendant to repay the loan amount along with interest. The court also granted costs for the litigation.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, the defendants should pay the plaintiff an amount of 8,59,093/- (Rupees eight Lakhs Fifty Nine Thousand and Ninety Three Only) with 7% interest per annum from the date of suit until the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sudha
Party Age
40
Relation
W/o Madhu
Party Role
Plaintiff
Party Name
Suma
Party Age
38
Relation
D/o Kunjappan
Party Role
Defendant
Party Name
Shyamala
Party Age
52
Relation
W/o Unni
Plaintiffs Documents
Original agreement executed between the plaintiff and the defendant, True copy of the plaint in OS 217/18, Original pass book of the 1st plaintiff issued by the Ernakulam District Co-operative Bank Ltd, Pachalam Branch bearing A/c no. 01724100000256, Original of the Security enforcement notice, True copy of the bank statement of the 1st plaintiff issued by the Ernakulam District Co-operative Bank Ltd, Pachalam Branch from 01/06/15 to 02/06/21, Original of the certificate issued by the Kerala State Co-operative Bank Ltd, Pachalam branch.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C.K.Govindan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
L.P.Aravindakshan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
T.B.Thankappan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
T.T.Harikumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ashish Vidhyadharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A.Gopalakrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sreeja K.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Dipin Dileep
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs sought recovery of amount from the defendant.
Evidence:
In the result, The defendants should pay the plaintiff an amount of 8,59,093/- (Rupees eight Lakhs Fifty Nine Thousand and Ninety Three Only) with 7% interest per annum from the date of suit till the date of decree.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiffs are entitled for the costs of the litigation.
Evidence:
The plaintiff is also entitled for the costs of the litigation.

Documents & Evidence

Document Type: Original agreement
Submitted By: Plaintiff
Relevance:
Executed between the plaintiff and the defendant
Reference:
Ext.A1
Document Type: True copy of the plaint
Submitted By: Plaintiff
Relevance:
Filed in OS 217/18
Reference:
Ext.A2
Document Type: Original pass book
Submitted By: Plaintiff
Relevance:
Issued by the Ernakulam District Co-operative Bank Ltd, Pachalam Branch, bearing A/c no. 01724100000256
Reference:
Ext.A3
Document Type: Original of the Security enforcement notice
Submitted By: Plaintiff
Relevance:
Relevant to the financial transactions and recovery of amount
Reference:
Ext.A4
Document Type: True copy of the bank statement
Submitted By: Plaintiff
Relevance:
Issued by the Ernakulam District Co-operative Bank Ltd, Pachalam Branch from 01/06/15 to 02/06/21
Reference:
Ext.A5
Document Type: Original certificate
Submitted By: Plaintiff
Relevance:
Issued by the Kerala State Co-operative Bank Ltd, Pachalam branch
Reference:
Ext.A6

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 Sudha et al vs Shyamala regarding recovery of money.
Case Code Year
Case between Sudha et al vs Shyamala regarding recovery of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
Wed, 03/12/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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