Case Summary
Sameer, the plaintiff, has filed a suit against Laboodha Beevi and others regarding a fixed deposit amount of 8,00,000/- in the Thiruvananthapuram District Co-operative Bank. The case concerns the refusal of the defendants to allot Sameer's rightful share of the deposit after the death of their father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against releasing the fixed deposit amount to the defendants.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree of permanent prohibitory injunction in favor of the plaintiff, restraining the bank from releasing the fixed deposit amount to the defendants without allotting the plaintiff's share.
Why Plaintiff Won:
The evidence established that the plaintiff is entitled to 2/6 share of the fixed deposit as the legal heir.
The evidence established that the plaintiff is entitled to 2/6 share of the fixed deposit as the legal heir.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the oral and documentary evidence of plaintiff, he has established that he is entitled to get a decree of permanent prohibitory injunction.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintiff and defendant no.4 is restrained from releasing the fixed deposit amount of 8,00,000/- (Rupees Eight Lakhs) in the name of father of the plaintiff in Thiruvananthapuram District Co-operative Bank, Nadayara branch to defendant Nos.1 to 3.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sameer
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Laboodha Beevi
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajeer
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safeera
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Manager
- Relation
- Represented by
Plaintiffs Documents
Copy of Death certificate of Nazimudeen A, issued by Elakamon Grama Panchayath
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. D. Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nazar M.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted restraining defendant No. 4 from releasing the fixed deposit amount.
Evidence:
the suit is decreed as follows: A permanent prohibitory injunction is granted in favour of the plaintiff and defendant no.4 is restrained from releasing the fixed deposit amount.
Relief Type:
Costs
Outcome:
Not Decided
Description:
Costs were addressed, but no specific order was made regarding costs.
Evidence:
Considering the facts and circumstances of the case, both parties are directed to suffer their respective costs.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document was intended to prove the death of Nazimudeen A, but was rejected since it is a photocopy.
Reference:
Ext.A1
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
This certificate was issued by Kerala State Co-operative Bank Ltd., Nadayara Branch.
Reference:
X1
Document Type:
FD receipt
Submitted By:
Unknown
Relevance:
This document is related to the fixed deposit of Sri. Nazimudeen A.
Reference:
X1(a)
Document Type:
Account Opening Form
Submitted By:
Unknown
Relevance:
This document pertains to the term deposit account of Sri. Nazimudeen A.
Reference:
X1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Sameer vs Laboodha Beevi et al regarding permanent prohibitory injunction
Case Code Year
Case between Sameer vs Laboodha Beevi et al regarding permanent prohibitory injunction