Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS.No.1308/2014

Case between BRD Securities Ltd. vs Ayas K H et al regarding execution of decree

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Sumey Chandran
Order Date
2025-07-26
Duration
3 months
Case Code No.
1308
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

BRD Securities Ltd. filed an execution petition against Ayas K H and others seeking to realize a debt through arrest of the judgment debtors. The case revolves around the financial ability of the judgment debtors to pay the decree amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court found that the first judgment debtor has sufficient earning capacity and ordered his arrest and detention in civil prison for 3 months due to willful neglect to pay the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Arrest and detention of the 1st judgment debtor for 3 months.
Case Type
Execution Petition
Final Judgment
No
The court found that the first judgment debtor has sufficient earning capacity and ordered his arrest and detention in civil prison for 3 months due to willful neglect to pay the decree debt.
Why Plaintiff Won:
The court determined that the 1st judgment debtor has sufficient means to pay the decree amount based on evidence presented.
Losing Side's Weaknesses:
The court determined that the 1st judgment debtor has sufficient means to pay the decree amount based on evidence presented.
Supporting Evidence
The evidence on record clearly establishes that the 1st judgment debtor is not without earning capacity. His own admission that he is engaged in driving work, coupled with the absence of any illness or infirmity, points to availability of means, though the exact amount is unidentifiable.

Judgment Evidence:

In the result, 1st judgment debtor is ordered to be arrested and detained in civil prison for a period of 3 months on payment of requisite subsistence allowance.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
BRD Securities Ltd.
Party Role
Defendant
Party Name
Ayas K H
Party Age
34
Relation
S/o
Party Role
Defendant
Party Name
Rajeena
Relation
D/o
Party Role
Defendant
Party Name
Abdu
Relation
S/o
Plaintiffs Documents
Certified true copy of Resolution.
Defendants Documents
Certified copy of Sale Deed No.3651/94 of SRO Puthencruz, Land Tax receipt issued from Village Office, Pattimattam, Internet payment receipt.

Advocates

Party Role
Plaintiff
Advocate Name
A R Bijoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shanavas K B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Reshma Ramesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nikita Wilson
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Hashim Althaf
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Order for the arrest and detention of the 1st judgment debtor in civil prison.
Evidence:
1st judgment debtor is ordered to be arrested and detained in civil prison for a period of 3 months on payment of requisite subsistence allowance.

Documents & Evidence

Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed presented by the judgment debtor.
Reference:
Ext.B1
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Land tax receipt issued from Village Office presented by the judgment debtor.
Reference:
Ext.B2
Document Type: Internet Payment Receipt
Submitted By: Defendant
Relevance:
Internet payment receipt presented by the judgment debtor.
Reference:
Ext.B3

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
OS.NO.
Case Code Year
2014

Case Flags

Imprisonment Involved
Arrest Involved
Imprisonment Duration
3 months

Quick Facts

Location
Perumbavoor
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Omana vs Sasi et al regarding Judgment Debt
The Court of the Munsiff, Perumbavoor
Execution Petition Unknown
Case between E No. 307 Kunnathunadu Taluk Housing service cooperative society, Represented by Secretary Clency Anto vs K N Shaji et al regarding EP closure
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Execution Petition Unknown
Case between St. George Chitties Pvt. Ltd. (Karakkattu) vs Saneesh V M et al regarding Jurisdiction
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Execution Petition Defendant Won
Case between Anjana, W/o. Ajith Kumar et al vs A. P. Manoharan S/o. Padmanabhan regarding Setting aside of Court Sale in O.S. No. 104/2015
THE MUNSIFF COURT, PERUMBAVOOR
Execution Petition Defendant Won
Case between Union Bank of India vs Laila V P et al regarding debt payment
Court of the Munsiff, Perumbavoor
Execution Petition Unknown