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EXECUTION PETITION NO. 123 OF 2016

Case between Beerankutty vs Abdul Rasheed regarding execution of decree

Court
Court of the Munsiff of Tirur
Judge
Sri Jankish Narayanan
Order Date
2019-12-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Partial Relief
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Tirur, Kerala
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 12/01/2019 - 12:00
To
Tue, 12/31/2019 - 12:00
Outcome Confidence
50%

Involved Entities

Private Individuals

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