Case Summary
The plaintiffs, Vijayakumari and Prakash, are husband and wife who filed a suit for a permanent prohibitory injunction against Induslnd Bank. They seek to prevent the bank from forcefully taking possession of their autorickshaw due to loan repayment demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from forcefully taking possession of the plaint schedule vehicle.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiffs, restraining the defendant from forcefully taking possession of the plaint schedule vehicle.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral evidence.
The plaintiffs established their case through unchallenged oral evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged oral evidence.
The plaintiffs established their case through unchallenged oral evidence.
Supporting Evidence
Through the unchallenged oral evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendant is restrained from forcefully taking possession of the plaint schedule vehicle.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayakumari
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Prakash
- Party Age
- 63
- Party Role
- Defendant
- Party Name
- Induslnd Bank
Plaintiffs Documents
Copy of cash bill No. GWKL/10//1819 issued by Kallingal Auto Mobiles, Copy of RC Book against KL.16-T-8704, Copy of statement, Copy of receipt, Copy of Final report in Crime No. 496/2023 before the JFMC-Paravoor, Copy of estimate prepared by Manju Automobiles, Copy of order in WP(C) No. 8260/2022 of Hon. High Court of Kerala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biji. R.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiffs restraining the defendant from forcefully taking possession of the plaint schedule vehicle.
Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendant is restrained from forcefully taking possession of the plaint schedule vehicle.
Documents & Evidence
Document Type:
Cash Bill
Submitted By:
Plaintiff
Relevance:
Copy of cash bill issued by Kallingal Auto Mobiles for the purchase of the autorickshaw.
Reference:
Ext.A1
Document Type:
RC Book
Submitted By:
Plaintiff
Relevance:
Copy of the registration certificate for the autorickshaw.
Reference:
Ext.A2
Document Type:
Statement
Submitted By:
Plaintiff
Relevance:
Copy of statement relevant to the case.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Copy of a receipt related to the transactions.
Reference:
Ext.A4
Document Type:
Final report
Submitted By:
Plaintiff
Relevance:
Copy of final report in Crime No. 496/2023 before the JFMC-Paravoor.
Reference:
Ext.A5
Document Type:
Estimate
Submitted By:
Plaintiff
Relevance:
Copy of the estimate prepared by Manju Automobiles.
Reference:
Ext.A6
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Copy of order in WP(C) No. 8260/2022 of Hon. High Court of Kerala.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Vijayakumari vs Induslnd Bank regarding permanent prohibitory injunction
Case Code Year
Case between Vijayakumari vs Induslnd Bank regarding permanent prohibitory injunction