Case between Thankamani et al vs Kunjumol et al regarding partition and mandatory injunction

Case Summary

This case involves plaintiffs Thankamani, Sarasu, and Saradha seeking a partition of a fixed deposit and a mandatory injunction against the 6th defendant, Federal Bank, due to the death of their brother Velayudhan. The defendants are the legal heirs of Velayudhan and are involved in a dispute over the shares of money in the fixed deposit and accrued interest.

Judgment Outcome

Plaintiff Won

Interim Order

The suit is decreed in favor of the plaintiffs, granting them a 3/4 share of the fixed deposit amount and the interest accrued thereon, while the defendants are entitled to a 1/4 share. The court directed the 6th defendant bank to hand over the plaintiffs' share of the amounts.

Judgment Favored

Plaintiff

Relief Granted

Plaintiffs are entitled for 3/4 share over Rs. 99,771/- and Rs. 54,868/- and interest accrued upon Rs. 54,868/-

Case Type

Civil Suit

Final Judgment

No

The suit is decreed in favor of the plaintiffs, granting them a 3/4 share of the fixed deposit amount and the interest accrued thereon, while the defendants are entitled to a 1/4 share. The court directed the 6th defendant bank to hand over the plaintiffs' share of the amounts.

Why Plaintiff Won:
The plaintiffs established their entitlement to the shares of the fixed deposit and the savings account amounts based on joint ownership.

Losing Side's Weaknesses:
The plaintiffs established their entitlement to the shares of the fixed deposit and the savings account amounts based on joint ownership.

Supporting Evidence

The documents produced and marked as Ext. A1 to A6 also would go to show that, the amount available in the term deposit is only Rs. 99,771/-. The interest accrued from the fixed term deposit is transferred to the savings account of Vallon Vellani.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. The amount of Rs. 99,771/- and Rs. 54,868/- along with the interest accrued upon Rs. 54,868/- is to be partitioned and the plaintiffs are entitled for 3/4 share and the defendants are entitled for 1/4 share over the same.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Thankamani
Party Age: 64
Relation: W/o

Party Role: Plaintiff
Party Name: Sarasu
Party Age: 62
Relation: W/o

Party Role: Plaintiff
Party Name: Saradha
Party Age: 50
Relation: W/o

Party Role: Defendant
Party Name: Kunjumol
Party Age: 59
Relation: W/o

Party Role: Defendant
Party Name: Shaju
Party Age: 38
Relation: S/o

Party Role: Defendant
Party Name: Saji
Party Age: 36
Relation: S/o

Party Role: Defendant
Party Name: Satheesh
Party Age: 34
Relation: S/o

Party Role: Defendant
Party Name: Saritha
Party Age: 31
Relation: D/o

Plaintiffs Documents

Office copy of the Lawyer notice, A/d card, Copy of Certificate from Taluk Office, Kunnathunad, Federal Bank Statements

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: K.M. Alias
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: P.V Shiji
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Balachandran
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Anilkumar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Saritha C.S.
Appearance Type: Main Counsel

Reliefs

Relief Type: Mandatory Injunction

Outcome: Granted

Description:

Plaintiffs are entitled for the mandatory injunction directing the 6th defendant to hand over the plaintiffs' share over the specified amounts.

Evidence:

Therefore, the plaintiffs are entitled for the reliefs of mandatory injunction as prayed for.

Relief Type: Partition

Outcome: Granted

Description:

The amount of Rs. 99,771/- and Rs. 54,868/- along with the interest accrued upon Rs. 54,868/- is to be partitioned.

Evidence:

The suit is decreed as follows: The amount of Rs. 99,771/- and Rs. 54,868/- along with the interest accrued upon Rs.54,868/- is to be partitioned...