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O.S. No. 86/2018

Case between Thankappan vs Lakshmanan et al regarding partition

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-01-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a partition suit filed by Thankappan against his brothers and a few other defendants regarding the share of property and bank deposits left by their deceased father, Krishnan. The defendants were accused of attempting to withdraw the bank deposits without the plaintiff's consent.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiff, granting him a share in the plaint schedule amount and restraining certain defendants from withdrawing funds from the bank. The court found the plaintiff's evidence convincing and unchallenged by the defendants.
Judgment Favored
Plaintiff
Relief Granted
Partition of the plaint schedule amount into 5 equal shares
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting him a share in the plaint schedule amount and restraining certain defendants from withdrawing funds from the bank. The court found the plaintiff's evidence convincing and unchallenged by the defendants.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and the documentary evidence provided support the plaintiff's claims.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and the documentary evidence provided support the plaintiff's claims.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 and A3 stands unchallenged. No contra evidence adduced. In the absence of any contra evidence, the unchallenged evidence of PW1 and the documents marked as Ext.A1 to A3 proves the case of the plaintiff.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree is passed as follows:- 1. The plaint schedule amount along with interest are ordered to be partitioned in to 5 equal shares. 2. Plaintiff is entitled to get 1/5 share in plaint schedule amount. 3. Defendants No. 1, 2, 4 and 6 to 8 are restrained from withdrawing the scheduled amount from the 5th defendant bank by creating any documents.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thankappan
Party Age
63
Relation
S/o
Party Role
Defendant
Party Name
Lakshmanan
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Subrahmanian
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Omana Sivan
Party Age
58
Relation
W/o
Party Role
Defendant
Party Name
Rajamma Gopalan
Party Age
34
Relation
W/o
Party Role
Defendant
Party Name
Secretary, Kodanad Service Co-operative Bank
Plaintiffs Documents
Cash receipt of Kodanad Service Co-operative Bank Ltd. No. 1565 dated 15/02/2012, Relationship certificate dated 03/03/2023, Relationship certificate dated 22/03/2023
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
P.G. Dileepkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
N.C. Mohanan & M.R. Santhoshkumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Plaintiff seeks a perpetual injunction restraining the defendants from withdrawing the scheduled amount from the bank.
Evidence:
The defendants No. 1, 2, 4 and 6 to 8 are restrained from withdrawing the scheduled amount from the 5th defendant bank by creating any documents.
Relief Type: Possession
Outcome: Granted
Description:
The plaint schedule amount along with interest are ordered to be partitioned into 5 equal shares.
Evidence:
The plaint schedule amount along with interest are ordered to be partitioned in to 5 equal shares.

Documents & Evidence

Document Type: Cash Receipt
Submitted By: Plaintiff
Relevance:
Cash receipt of Kodanad Service Co-operative Bank Ltd. dated 15/02/2012 in account No. SB-5391, used to establish the amount deposited by the deceased.
Reference:
Ext.A1
Document Type: Relationship Certificate
Submitted By: Plaintiff
Relevance:
Relationship certificate dated 03/03/2023, proving the plaintiff's relationship to the deceased.
Reference:
Ext.A2
Document Type: Relationship Certificate
Submitted By: Plaintiff
Relevance:
Relationship certificate dated 22/03/2023, further establishing the plaintiff's relationship to the deceased.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Thankappan vs Lakshmanan et al regarding partition
Case Code Year
Case between Thankappan vs Lakshmanan et al regarding partition

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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