Case Summary
The case involves a petition filed by the Manager of Kerala State Financial Enterprises Limited to implead the legal heirs of deceased Gireesh in a money recovery suit. The plaintiff contends that Gireesh defaulted on a loan secured by mortgaged property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the request to implead the Kerala State Financial Enterprises Limited in the money recovery suit, determining they were not a necessary party.
Key Reasoning:
The court found that KSFE was not a necessary party in the financial transaction between the original plaintiff and the deceased.
The court found that KSFE was not a necessary party in the financial transaction between the original plaintiff and the deceased.
Why Defendant Won:
The court found that KSFE was not a necessary party in the financial transaction between the original plaintiff and the deceased.
The court found that KSFE was not a necessary party in the financial transaction between the original plaintiff and the deceased.
Supporting Evidence
Hence the impleading petitioner is not a necessary party to suit. More-over, if there is any interest or charge upon any property of deceased Gireesh, the same can be considered at execution stage.
Judgment Evidence:
Hence IA stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramadevi
- Party Age
- 47
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sujatha
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Athira
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kerala State Financial Enterprises Limited
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri.G.Satheesh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vithura.K.Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.S.Balamurali
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Application to implead KSFE as an Additional defendant in the suit.
Evidence:
Hence IA stands dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2024