Case Summary
Sujatha Jayaraj filed a suit against her brother Babu Jayaraj and the Aluva Urban Co-operative Bank seeking partition and injunction regarding property inherited from their parents. The case involves allegations of fraud concerning a power of attorney and the mortgaging of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the suit was not maintainable due to the initiation of proceedings under the SARFAESI Act concerning the property. Therefore, the suit was dismissed.
Key Reasoning:
The suit was dismissed as not maintainable.
The suit was dismissed as not maintainable.
Why Defendant Won:
The suit was dismissed as not maintainable.
The suit was dismissed as not maintainable.
Supporting Evidence
When the property is already under consideration of Debt Recovery Tribunal and under the proceedings in SARFAESI Act, then this court have no jurisdiction under Section 34 of the SARFAESI Act, when the matter is pending or under the consideration of Debt Recovery Tribunal.
Judgment Evidence:
In the result, the suit is found to be not maintainable and therefore, suit stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujatha Jayaraj
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Babu Jayaraj
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Aluva Urban Co-operative Bank Ltd.
- Relation
- represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bindhu P. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.Gireeshkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devaprasanth P.J
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Plaintiff sought an injunction against the first defendant regarding the shared property.
Evidence:
the suit is found to be not maintainable and therefore, suit stands dismissed.
Relief Type:
Partition
Outcome:
Refused
Description:
Plaintiff requested partition of the schedule property.
Evidence:
there is no purpose in proceeding with the same and thereby, the suit is dismissed as not maintainable.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The court discussed the power of attorney created by the first defendant, which the plaintiff claimed was fraudulent.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Fraudulent power of attorney
Case Code
Case between Sujatha Jayaraj vs Babu Jayaraj et al regarding partition and injunction
Case Code Year
Case between Sujatha Jayaraj vs Babu Jayaraj et al regarding partition and injunction