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
Judgment Favored
Plaintiff
Relief Granted
Partition of the plaint schedule amount into 5 equal shares
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and the documentary evidence provided support the plaintiff's claims.
The unchallenged evidence of the plaintiff and the documentary evidence provided support the plaintiff's claims.
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
Plaintiffs
Thankappan (63 years years)
Kakkalamkudiyil House, Kodanad Kara, Kodanad Village, Kunnathunadu Taluk
Defendants
Lakshmanan (57 years years)
Kakkalamkudiyil House, Kodanad Kara, Kodanad Village, Kunnathunadu Taluk
Subrahmanian (51 years years)
Kakkalamkudiyil House, Kodanad Kara, Kodanad Village, Kunnathunadu Taluk
Omana Sivan (58 years years)
Pachilamattom House, Neerkkottu Kara, Kochivikka Bhagom, Alangadu Village, Aluva Taluk
Rajamma Gopalan (34 years years)
Mattapillil House, Near Iringole Kavu, Iringole Kara, Perumbavoor Village, Kunnathunadu Taluk
Secretary, Kodanad Service Co-operative Bank (Age not specified years)
Kodanad
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