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O.S. No. 535 of 2023

Case between Amitha @ Amitha V.P vs Cherian Mathew et al regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-03-12
Duration
approximately-3 years 3 months
Case Closed
Tue, 03/12/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves the plaintiff, Amitha V.P, who is seeking to recover money from the defendants, Cherian Mathew and Izzet Realtors. The plaintiff made an advance payment for a property but the defendants failed to execute the sale deed and did not return the advance amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover a total of Rs. 5,48,000 with interest and compensation from the defendants. The defendants were found liable for failing to execute the sale deed for the property.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to recover Rs. 5,48,000 together with interest at the rate of 9% and Rs. 50,000 as compensation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover a total of Rs. 5,48,000 with interest and compensation from the defendants. The defendants were found liable for failing to execute the sale deed for the property.
Why Plaintiff Won:
The plaintiff proved the averments in the plaint through unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff proved the averments in the plaint through unrebutted evidence.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 document the plaint averments stands proved.

Judgment Evidence:

In the result, suit is decreed as follows: The plaintiff is allowed to recover Rs. 5,48,000 together with interest at the rate of 9% for the principle amount of Rs. 4,50,000.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Amitha @ Amitha V.P
Party Age
29
Relation
D/o
Party Role
Defendant
Party Name
Cherian Mathew
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
M/s. Izzet Realtors
Relation
Represented by
Plaintiffs Documents
A113.12.2020 Sale agreement
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Joseph George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rejimon P.A.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is allowed to recover Rs.5,48,000 along with interest.
Evidence:
The plaintiff is allowed to recover Rs.5,48,000/(Rupees Five lakhs Forty Eight thousand only) together with interest at the rate of 9% for the principle amount of Rs.4,50,000/(Rupees Four lakhs Fifty thousand only) per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type: Damages
Outcome: Granted
Description:
The plaintiff is allowed to recover Rs.50,000 as compensation.
Evidence:
The plaintiff is allowed to recover Rs.50,000/(Rupees Fifty thousand only) as compensation from the defendants and their assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is also entitled to the costs of the suit.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
This document was essential in proving the plaintiff's claims regarding the advance payment and the sale agreement terms.
Reference:
Ext.A1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Amitha @ Amitha V.P vs Cherian Mathew et al regarding realisation of money
Case Code Year
Case between Amitha @ Amitha V.P vs Cherian Mathew et al regarding realisation of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 12/13/2020 - 12:00
Case Closed
Tue, 03/12/2024 - 12:00
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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