Case Summary
This case involves Vishnu V.P. as the plaintiff who lent money to the defendants, Mini S. Sreekumar and Santhamma Amma, based on their assurance of repayment. The case was filed to secure an interim order of attachment due to the defendants' failure to repay the loan.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition filed by the plaintiff without costs. The petitioner was not entitled to the attachment of the property as asked.
Key Reasoning:
The plaintiff admitted to occupying the mortgaged property and had not fulfilled the conditions of the mortgage deed.
The plaintiff admitted to occupying the mortgaged property and had not fulfilled the conditions of the mortgage deed.
Why Defendant Won:
The plaintiff admitted to occupying the mortgaged property and had not fulfilled the conditions of the mortgage deed.
The plaintiff admitted to occupying the mortgaged property and had not fulfilled the conditions of the mortgage deed.
Supporting Evidence
The petitioner admitted that he is residing in the petition schedule building and also the respondent alleges that this is a mortgage.
Judgment Evidence:
In the result, the petition is dismissed without costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vishnu V.P.
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mini S. Sreekumar
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santhamma Amma
- Party Age
- 75
- Relation
- D/o
Plaintiffs Documents
Original cheque No.118104, Return memo outward clearing from Bandhan Bank Ltd., Legal notice, Postal receipts, Agreement deed
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Unnikrishnan S.D
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Maranadu G.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ahalya Manohar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for an interim order of attachment
Evidence:
In the result, the petition is dismissed without costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque related to the transaction
Reference:
Ext.A1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates the cheque was dishonoured
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants regarding the dishonoured cheque
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice
Reference:
Ext.A4
Document Type:
Agreement Deed
Submitted By:
Plaintiff
Relevance:
Document establishing the loan agreement and terms
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Loan agreement dispute
Case Code
OS
Case Code Year
2025
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour