Case Summary
The plaintiff, Sunil Mathew, filed a suit seeking a permanent prohibitory injunction against the South Indian Bank to prevent them from taking possession of his mortgaged property. The defendants acknowledged the loan but asserted that they did not take actions against the property in question.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both IAs 07/2025 and 08/2025 as the plaintiff failed to complete pre-trial steps timely.
Key Reasoning:
The appointment of a commissioner and surveyor was deemed unnecessary as the boundaries in question were clear and acknowledged.
The appointment of a commissioner and surveyor was deemed unnecessary as the boundaries in question were clear and acknowledged.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The suit is for a decree of permanent prohibitory injunction. In these circumstances, appointment of a commissioner and surveyor to prepare plan and report is highly unnecessary.
Judgment Evidence:
In the result, IA 07/2025 and IA 08/2025 are dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil Mathew
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The South Indian Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The South Indian Bank, Nedumkunnam Branch
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Samsan Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Seeking a decree of permanent prohibitory injunction restraining the bank from proceeding against the property.
Evidence:
the suit is filed against 2 branches of the South Indian Bank at Thrissur and Nedumkunnam seeking a decree of permanent prohibitory injunction restraining them from proceeding against plaint schedule property belongs to plaintiff, taking possession of it and trespassing therein.
Relief Type:
Other
Outcome:
Dismissed
Description:
IA 07/2025 for appointment of a commissioner and surveyor to prepare plan.
Evidence:
In these circumstances, appointment of a commissioner and surveyor to prepare plan and report is highly unnecessary.
Relief Type:
Other
Outcome:
Dismissed
Description:
IA 08/2025 to remove the case from the list.
Evidence:
the petition to remove the case from the special list is liable to be dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Recovery of money
Case Code
O.S.
Case Code Year
2022