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O.S No. 273/2016

Case between A.Suresh et al vs Raju Thomas et al regarding execution of decree

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-11-28
Duration
approximately-8 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

A.Suresh and others are the decree holders while Raju Thomas and Dr. Benny Thomas are the judgment debtors. The court noted that the execution of the decree has been stayed and deemed the execution petition not maintainable.

Judgment Outcome

Defendant Won
Interim Order
The court has decided that the execution petition is not maintainable due to a stay on the decree's execution.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The court has decided that the execution petition is not maintainable due to a stay on the decree's execution.
Key Reasoning:
The execution petition was filed after a stay on decree execution.
Why Defendant Won:
Not available
Supporting Evidence
It is noted that execution of decree has been stayed and that this E.P is filed after said stay.

Judgment Evidence:

Hence E.P is not maintainable. E.P closed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
A.Suresh
Relation
S/o
Party Role
Plaintiff
Party Name
Prasanna Suresh
Relation
W/o
Party Role
Plaintiff
Party Name
P. V. Raghunathan Nair
Relation
S/o
Party Role
Plaintiff
Party Name
Rema Raghunathan Nair
Relation
W/o
Party Role
Defendant
Party Name
Raju Thomas
Relation
S/o
Party Role
Defendant
Party Name
Dr. Benny Thomas
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Mathew Skaria
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Tomy Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sreekumar G. Chelur
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Eldhose M. Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shahul Hameed P. N
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shajin Sha Ismail
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Execution of decree
Evidence:
It is noted that execution of decree has been stayed and that this E.P is filed after said stay. Hence E.P is not maintainable.

Documents & Evidence

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between A.Suresh et al vs Raju Thomas et al regarding execution of decree
Case Code Year
Case between A.Suresh et al vs Raju Thomas et al regarding execution of decree

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 02/01/2016 - 12:00
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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