Case Summary
Petitioner seeks execution of award passed for non-payment of debt, while respondent denies having sufficient means to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Arrest and detention in civil prison
Case Type
Execution Petition
Final Judgment
No
The court ordered arrest and detention of the respondent in the civil prison for non-payment of the decree debt
Why Plaintiff Won:
The petitioner provided evidence that the respondent had sufficient means to pay the debt but neglected to do so.
The petitioner provided evidence that the respondent had sufficient means to pay the debt but neglected to do so.
Losing Side's Weaknesses:
The petitioner provided evidence that the respondent had sufficient means to pay the debt but neglected to do so.
The petitioner provided evidence that the respondent had sufficient means to pay the debt but neglected to do so.
Supporting Evidence
I am of the view that the petitioner has proved that the respondent has sufficient means to pay off the decree debt and he wilfully neglected to pay the same. So the respondent is liable to be arrested and detained in civil prison for non-payment of decree debt.
Judgment Evidence:
In the result, the petition is allowed. Issue arrest warrant against the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- D. Soosan
- Party Age
- 45
- Relation
- W/o. Anilkumar
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 49
- Relation
- S/o. Kumaran
Plaintiffs Documents
Certified copy of Joint statement, Certified copy of jenm assignment Deed no. 373/2008, Encumbrance certificate
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Execution Order
Outcome:
Granted
Description:
Arrest and detention of the respondent in the civil prison
Evidence:
In the result, the petition is allowed. Issue arrest warrant against the respondent.
Documents & Evidence
Document Type:
Joint statement
Submitted By:
Plaintiff
Relevance:
Certified copy of Joint statement.
Reference:
A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of jenm assignment Deed No. 373/2008.
Reference:
A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Encumbrance certificate.
Reference:
A3
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 D. Soosan vs Vijayan regarding execution of award
Case Code Year
Case between D. Soosan vs Vijayan regarding execution of award
Case Flags
Imprisonment Involved
Arrest Involved
Imprisonment Duration
Not available