Case Summary
This case involves an execution petition filed by Beerankutty to enforce a court decree against Abdul Rasheed for a monetary amount. Despite multiple attempts, the respondent could not be arrested due to unavailability at the provided address. The court has decided to close the petition temporarily, allowing it to be reopened when the respondent becomes available.
Judgment Outcome
Judgment Favored
Dismissed
Relief Granted
Petition temporarily closed with liberty to revive.
Case Type
Execution Petition
Final Judgment
No
The court has temporarily closed the execution petition due to the non-availability of the respondent, with the option for the petitioner to revive it when the respondent is available.
Key Reasoning:
The petition was closed due to the respondent's unavailability to execute the arrest warrant despite multiple attempts.
The petition was closed due to the respondent's unavailability to execute the arrest warrant despite multiple attempts.
Losing Side's Weaknesses:
The petition was closed due to the respondent's unavailability to execute the arrest warrant despite multiple attempts.
The petition was closed due to the respondent's unavailability to execute the arrest warrant despite multiple attempts.
Supporting Evidence
This would show that the respondent is not available in his address. Therefore, repetition of arrest warrant will not serve any purpose.
Judgment Evidence:
In the result, the above petition is closed for time being with liberty to the petitioner to revive the same as and when the respondent available in the jurisdiction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beerankutty
- Party Age
- 65
- Relation
- S/o Chattikkal Muhammed
- Party Role
- Defendant
- Party Name
- Abdul Rasheed
- Party Age
- 36
- Relation
- S/o Pottassola Muhammedkutty Haji
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Suresh A Alingal
- Appearance Type
- Case between Beerankutty vs Abdul Rasheed regarding execution of decree > Case advocates
- Party Role
- Defendant
- Advocate Name
- M.P. Hussain
- Appearance Type
- Case between Beerankutty vs Abdul Rasheed regarding execution of decree > Case advocates
Reliefs
Relief Type:
Execution of Decree
Outcome:
Not Decided
Description:
Execution of monetary decree was sought but couldn't proceed due to the non-availability of the respondent.
Evidence:
In the result, the above petition is closed for time being with liberty to the petitioner to revive the same as and when the respondent available in the jurisdiction.
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Enforcement of Court Orders
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Beerankutty vs Abdul Rasheed regarding execution of decree
Case Code Year
Case between Beerankutty vs Abdul Rasheed regarding execution of decree
Case Flags
Arrest Involved