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ORIGINAL SUIT NO. 404 OF 2013

Case between Dharman.K.P., Aramughan et al vs Thandalam Valappil Sakkariya regarding realization of money

Court
The Munsiff Court of Tirur
Judge
Jankish Narayanan
Order Date
2019-10-16
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Case about Dharman.K.P. lending money to Sakkariya, who refused to repay. Sakkariya claimed documents were forged.

Judgment Outcome

Plaintiff Won
Interim Order
Plaintiffs succeeded in proving that Sakkariya owed money and issued a promissory note. Court decreed Sakkariya to pay the owed amount with interest.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff provided substantial evidence of the loan and promissory note.

Judgment Evidence:

Parties Involved

Plaintiffs

Dharman.K.P. (49 years years) Purathur amsom, desom, Post Padinharekkara, Tirur Taluk, Pin: 676 562 Vijayan Tharayil (49 years years) Purathoor amsom, desom, Padinharekkara, Tirur Taluk

Defendants

Thandalam Valappil Sakkariya (47 years years) Vettom amsom, Padiyam desom, Post Koottayi, Tirur Taluk, Pin: 676 568

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant directed to pay Rs.4,06,817 with interest to plaintiff
Evidence:
Suit decreed in favor of plaintiff
Relief Type: Costs
Outcome: Granted
Description:
Defendant directed to pay costs of the suit to plaintiff
Evidence:
Suit decreed with costs in favor of plaintiff

Documents & Evidence

Document Type: Pronote
Submitted By: Plaintiff
Relevance:
Defendant borrowed Rs.3,00,000 from plaintiff and executed this note
Reference:
Exbt.A1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by defendant for Rs.3,00,000 returned unpaid
Reference:
Exbt.A2
Document Type: Return Memo
Submitted By: Plaintiff
Relevance:
Memo stating 'Funds Insufficient' for defendant's cheque
Reference:
Exbt.A3
Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Shows assignments of plaintiff's share in joint properties
Reference:
Exbt.A4 to A9
Document Type: Passport
Submitted By: Plaintiff
Relevance:
Copy of plaintiff's passport presented in court
Reference:
Document Type: Certificate from Malayala Manorama
Submitted By: Plaintiff
Relevance:
Certificate showing plaintiff's agent status
Reference:
Exbt.A12
Document Type: Certificate from Mathrubhumi
Submitted By: Plaintiff
Relevance:
Certificate showing plaintiff's agent status
Reference:
Exbt.A13
Document Type: Registration Certificate of Vehicle
Submitted By: Plaintiff
Relevance:
Original registration certificates of vehicles owned by plaintiff
Reference:
Exbt.A14, A15
Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Assignment deeds executed in favor of plaintiff
Reference:
Exbt.A16, A17
Document Type: Letter from Malabar Land Promoters LLP
Submitted By: Plaintiff
Relevance:
Correspondence related to plaintiff's properties
Reference:
Exbt.A18
Document Type: Pass Book of SBI
Submitted By: Plaintiff
Relevance:
Shows transfer of Rs.10,00,000 from plaintiff's account
Reference:
Exbt.A19
Document Type: Share Certificate
Submitted By: Plaintiff
Relevance:
Share certificate of plaintiff for Rs.10,00,000
Reference:
Exbt.A20
Document Type: Report from RFSL, Thrissur
Submitted By: Court
Relevance:
Expert report on handwriting examination
Reference:
Exbt.X1

Quick Facts

Location
Tirur
Case Filed
Outcome Confidence
80%

Involved Entities

Plaintiff

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