Case Summary
The plaintiff Aneesh filed a suit against defendants Dileep and Siji for the realization of a borrowed amount of Rs. 40,000. The defendants failed to repay the money despite numerous requests and extended deadlines.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 45,000 along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff. The court ordered the defendants to pay Rs. 45,000 along with interest.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with sufficient evidence and there was no rebuttal from the defendants.
The plaintiff succeeded in proving his case with sufficient evidence and there was no rebuttal from the defendants.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case with sufficient evidence and there was no rebuttal from the defendants.
The plaintiff succeeded in proving his case with sufficient evidence and there was no rebuttal from the defendants.
Supporting Evidence
By producing Exts.A1 to A4 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, The suit is decreed and the plaintiff is entitled to realise an amount of Rs. 45,000/- (Rupees Forty Five Thousand Only), together with interest at the rate of 6 % per annum from the date of suit till the realization from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aneesh
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Dileep
- Party Age
- 40
- Party Role
- Defendant
- Party Name
- Siji
- Party Age
- 36
- Relation
- W/o.Dileep
Plaintiffs Documents
Consent deed dated 06/02/2023, Consent deed dated 31/01/2024, Office copy of lawyer's notice, Postal receipt dated 31/08/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vrajmohan V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs.45,000/- with interest.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Consent Deed
Submitted By:
Plaintiff
Relevance:
Consent deed dated 06/02/2023 for an amount of Rs.40,000/-.
Reference:
Ext.A1
Document Type:
Consent Deed
Submitted By:
Plaintiff
Relevance:
Consent deed dated 31/01/2024 for an amount of Rs.40,000/-.
Reference:
Ext.A2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Lawyer’s notice sent to the defendants.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 31/08/2024 proving service of the notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Aneesh vs Dileep et al regarding realization of money.
Case Code Year
Case between Aneesh vs Dileep et al regarding realization of money.