Case Summary
The plaintiffs are the legal heirs of Sri. T.V. Manuel who died on 20/06/2010. They filed a suit to operate a locker that the deceased had with Federal Bank, which the bank denies due to a nominee claim by the third defendant.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit on the ground that it lacked territorial jurisdiction and was barred by the doctrine of res judicata due to a previously withdrawn case with the same cause of action.
Key Reasoning:
The court determined that it lacked jurisdiction and that the suit was barred due to a prior case.
The court determined that it lacked jurisdiction and that the suit was barred due to a prior case.
Why Defendant Won:
The court determined that it lacked jurisdiction and that the suit was barred due to a prior case.
The court determined that it lacked jurisdiction and that the suit was barred due to a prior case.
Supporting Evidence
The present suit is hit by doctrine of res judicata and the plaintiff is barred from filing another suit between the same parties on the same cause of action and seeking the same reliefs.
Judgment Evidence:
The suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nimmy Manuel
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rahul Manuel
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Resmi Manuel
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Regional Head, Federal Bank Limited
- Party Role
- Defendant
- Party Name
- Branch Manager, Federal Bank Limited
- Party Role
- Defendant
- Party Name
- Antony.T.V.
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Advocate Notice, Acknowledgment card, Death Certificate, Legal Heirship Certificate
Defendants Documents
Copy of memo in OS 1129/2012, Certified copy of Counter Claim in OS 1129/2012, Certified copy of Addl. Written statement in OS 1129/2012, Copy of Order in OS 1129/2012, Order of Complaint No. 87/2021 passed by Ombudsman
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.Vikraman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Dinesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Reghu kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Koottappu U. Mujeeb
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Suresh kumar.P.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Akhil Madhu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs sought a declaration of possession over the locker maintained with the 2nd defendant.
Evidence:
The present suit is filed by the plaintiff seeking a declaratory decree of possession over the plaint schedule locker maintained with the 2nd defendant.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiffs requested a mandatory injunction directing the defendants 1 and 2 to allow them to operate the locker.
Evidence:
For a decree of mandatory injunction directing the 1st and 2nd defendants to allow them to operate the locker scheduled therein.
Documents & Evidence
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document was issued to the defendant to permit the plaintiff to operate the locker.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as proof of communication between the parties.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Serves to establish the death of Sri. T.V. Manuel and the plaintiffs' claim as legal heirs.
Reference:
Ext.A3
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's status as legal heirs of Sri. T.V. Manuel.
Reference:
Ext.A4
Document Type:
Copy of memo in OS 1129/2012 of Munsiff Court, Neyyattinkara
Submitted By:
Defendant
Relevance:
Produced to substantiate the contention regarding the maintainability of the current suit.
Reference:
Ext.B1
Document Type:
Certified copy of Counter Claim in OS 1129/2012
Submitted By:
Defendant
Relevance:
Supports the argument regarding the previous proceedings related to the same subject matter.
Reference:
Ext.B2
Document Type:
Certified copy of Addl. Written statement in OS 1129/2012
Submitted By:
Defendant
Relevance:
Further support for the maintainability arguments of the defendants.
Reference:
Ext.B3
Document Type:
Copy of Order in OS 1129/2012
Submitted By:
Defendant
Relevance:
Provides evidence of the withdrawal of the previous case and the court's decision regarding the same.
Reference:
Ext.B4
Document Type:
Order of Complaint No. 87/2021 passed by Ombudsman
Submitted By:
Defendant
Relevance:
Relevant to the disputes related to the locker.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Nimmy Manuel et al vs Regional Head, Federal Bank Limited et al regarding declaration of title and other reliefs
Case Code Year
Case between Nimmy Manuel et al vs Regional Head, Federal Bank Limited et al regarding declaration of title and other reliefs