Case Summary
The plaintiffs, K. Geetha and Appu N. Ramakrishnan, are seeking a declaration that Sri C.R. Narayanan, who went missing, is presumed dead, and that they are his legal heirs entitled to receive his terminal benefits from the defendant, Federal Bank Ltd.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration that Sri.C R Narayanan is presumed to be dead and direction to disburse all terminal benefits to the plaintiffs
Case Type
Civil Suit
Final Judgment
No
The court declared that Sri C.R. Narayanan is presumed to be dead and that the plaintiffs are his legal heirs entitled to receive all eligible benefits from the defendant bank.
Why Plaintiff Won:
The plaintiffs proved their status as legal heirs and the need for a declaration of death for accessing terminal benefits.
The plaintiffs proved their status as legal heirs and the need for a declaration of death for accessing terminal benefits.
Losing Side's Weaknesses:
The plaintiffs proved their status as legal heirs and the need for a declaration of death for accessing terminal benefits.
The plaintiffs proved their status as legal heirs and the need for a declaration of death for accessing terminal benefits.
Supporting Evidence
The plaintiffs have right, title and interest at present over all assets, funds, rights, properties and benefits to which late Sri.Narayanan was entitled.
Judgment Evidence:
In the result, the suit is decreed as per the following terms: 1. It is to be declared that Sri.C R Narayanan (Formerly residing at T.C.4/508, D1, Sreevilas Lane, Kowdiar, Thiruvananthapuram is presumed to be dead and that the plaintiffs are his legal heirs and that they are entitled to receive all eligible benefits and emoluments from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. Geetha
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Appu. N. Ramakrishnan
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- FEDERAL BANK LTD
- Relation
- Represented by
Plaintiffs Documents
Original Invitation Card, Copy of Marriage Certificate from Lalith Mahal Fort, Thiruvananthapuram, Birth Certificate of the 2nd plaintiff, Copy of School Certificate of the 2nd plaintiff, Copy of FIR No.1010/2011 of Peroorkada Police Station, Copy of Declaration dated 01.06.2022 issued by Sub Divisional Magistrate, Thiruvananthapuram, Letter to General Manager, H R Management Dept, Federal Bank dated 11.05.2022, Letter issued by Federal Bank to plaintiff dated 12.08.2022, Letter from Tahasildar, Thiruvananthapuram to the plaintiff dated 29.11.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sandeep. T. George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is to be declared that Sri.C R Narayanan is presumed to be dead and the plaintiffs are his legal heirs.
Evidence:
It is to be declared that Sri.C R Narayanan (Formerly residing at T.C.4/508, D1, Sreevilas Lane, Kowdiar, Thiruvananthapuram is presumed to be dead and that the plaintiffs are his legal heirs.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to disburse all terminal benefits to the plaintiffs.
Evidence:
The defendant is further directed by a decree of mandatory injunction to disburse of all terminal benefits to which Sri Narayanan.C.R. would have been legally eligible to the plaintiffs.
Documents & Evidence
Document Type:
Invitation Cards
Submitted By:
Plaintiff
Relevance:
Original Invitation cards and covers.
Reference:
Ext.A1
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Marriage Certificate from Lalith Mahal Fort, Thiruvananthapuram.
Reference:
Ext.A2
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
Birth Certificate of the 2nd plaintiff dated 28.12.2021.
Reference:
Ext.A3
Document Type:
School Certificate
Submitted By:
Plaintiff
Relevance:
Copy of School Certificate of the 2nd plaintiff.
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs (6 in Numbers) marked subject to proof.
Reference:
Ext.A5
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
Copy of FIR No.1010/2011 of Peroorkada Police Station.
Reference:
Ext.A6
Document Type:
Declaration Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Declaration issued by Sub Divisional Magistrate, Thiruvananthapuram.
Reference:
Ext.A7
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
Copy of Declaration from RDO.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter to General Manager, H R Management Dept, Federal Bank.
Reference:
Ext.A9
Document Type:
Letter from Bank
Submitted By:
Plaintiff
Relevance:
Letter issued by Federal Bank to plaintiff.
Reference:
Ext.A10
Document Type:
Letter from Tahasildar
Submitted By:
Plaintiff
Relevance:
Letter from Tahasildar, Thiruvananthapuram to the plaintiff.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Legal heirship declaration
Case Code
Case between K. Geetha et al vs FEDERAL BANK LTD regarding declaration of presumption of death
Case Code Year
Case between K. Geetha et al vs FEDERAL BANK LTD regarding declaration of presumption of death