Case Summary
The petitioner, Edacheri Service Co-operative Bank Ltd., is seeking to execute a decree against the respondents for unpaid debts. The judgment debtors have acknowledged their earnings but have failed to pay the owed amount, leading to the request for their arrest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Issue arrest warrant against judgment debtors.
Case Type
Execution Petition
Final Judgment
No
The execution petition has been allowed, enabling the arrest of the judgment debtors due to their refusal to pay the decree debt despite having sufficient means.
Why Plaintiff Won:
The petitioner proved that the respondents had sufficient means to pay the decree debt but refused to do so.
The petitioner proved that the respondents had sufficient means to pay the decree debt but refused to do so.
Losing Side's Weaknesses:
The petitioner proved that the respondents had sufficient means to pay the decree debt but refused to do so.
The petitioner proved that the respondents had sufficient means to pay the decree debt but refused to do so.
Supporting Evidence
The petitioner/decree holder has succeeded in proving that respondents/judgment debtors has and has had since the date of decree means to pay off the decree debt and refused and has refused to pay the same.
Judgment Evidence:
In the result, EP is allowed as follows: 1.Issue arrest warrant against judgment debtors.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- EDACHERI SERVICE CO-OPERATIVE BANK LTD.
- Party Role
- Defendant
- Party Name
- 1ANOOP DAS
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 2SUMESH
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 3RIJEESH
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Petitioner
- Advocate Name
- Sri. P. K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Petitioner
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Main Counsel
- Party Role
- Petitioner
- Advocate Name
- Smt. Amaya. V
- Appearance Type
- Main Counsel
- Party Role
- Petitioner
- Advocate Name
- Smt. C. M. Hema Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anfas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Execution Petition allowed to issue arrest warrant against judgment debtors.
Evidence:
Hence, Execution Petition can be allowed.
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
EP
Case Code Year
2022
Case Flags
Imprisonment Involved
Arrest Involved