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

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

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

Plaintiffs

Thankamani (64 years) Plankudy House, Kaduval Kara, Perumbavoor Village Sarasu (62 years) Chulavakkodu House, Pathummile Bhagam, Aikkaranad Village Saradha (50 years) Chirangara House, Rayamangalam Kara, Rayamangalam Village

Defendants

Kunjumol (59 years) Vengachottil House, Chengara Kara, Pattimattom Village Shaju (38 years) Vengachottil House, Chengara Kara, Pattimattom Village Saji (36 years) Vengachottil House, Chengara Kara, Pattimattom Village Satheesh (34 years) Vengachottil House, Chengara Kara, Pattimattom Village Saritha (31 years) Vengachottil House, Chengara Kara, Pattimattom Village

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...