E.P 44/2024 in O.S 179/2022

Case between Babykutty vs Varghese K.M. @ Thambi et al regarding Execution Petition

Court

COURT OF THE MUNSIFF, KANJIRAPPALLY

Judge

Smitha Susan Mathew

Order Date

2025-06-27

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The case involves Babykutty as the decree holder and Varghese K.M. @ Thambi and others as judgment debtors. The execution petition was dismissed for default as the decree holder was absent.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Case Type

Execution Petition

Final Judgment

The execution petition was dismissed due to the absence of the decree holder and lack of steps taken to effect delivery.

Key Reasoning:
The decree holder was absent and did not take necessary steps.

Why Defendant Won:
The decree holder was absent and did not take necessary steps.

Supporting Evidence

Decree holder is absent. No representation. No steps taken to effect delivery.

Judgment Evidence:

Hence Execution petition is dismissed for default.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Babykutty
Party Age: 51
Relation: W/o

Party Role: Defendant
Party Name: Varghese K.M. @ Thambi
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: Elsamma Varghese
Party Age: 46
Relation: W/o

Party Role: Defendant
Party Name: Majeendran Thambi
Party Age: 27
Relation: S/o

Party Role: Defendant
Party Name: Maheendran Thambi
Party Age: 27
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Joseph Mathew
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Remin Rajan
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Dismissed

Description:

Execution petition is dismissed for default.

Evidence: