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O.S No. 778/2021

Case between Eliyamma vs Mini regarding recovery of money

Court
I Additional Munsiff Court
Judge
Sri. Padmakumar.G.
Order Date
2024-02-29
Duration
approximately-3 years 6 months
Case Closed
Thu, 02/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Eliyamma filed a suit against Mini for recovery of Rs. 6 lakhs as the defendant failed to fulfill the terms of a sale agreement for property. The plaintiff claims a total of Rs. 6 lakhs with interest due to the defendant's negligence.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, directing the defendant to pay Rs. 6 lakhs with interest to the plaintiff. The plaintiff is also entitled to the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 6 lakhs with 10% interest from the date of suit till decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to pay Rs. 6 lakhs with interest to the plaintiff. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, the suit is decreed directing the defendant to pay an amount of Rs.6,00,000/-(Rupees Six lakhs only) with 10% future interest per annum from the date of suit (ie, from 04.10.2023) till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Eliyamma
Party Age
67
Relation
W/o late Baby
Party Role
Defendant
Party Name
Mini
Party Age
51
Relation
W/o Satheesan
Plaintiffs Documents
Original sale agreement for sale executed between plaintiff and defendant, Copy of the lawyer notice issued by the plaintiff to the defendant, Original of the reply notice issued by the defendant through her counsel to the plaintiff.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Paul K Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jalaluddeen Mohammed
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Shameem M
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is directed to recover an amount of Rs.6,00,000/- with interest from the defendant.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.6,00,000/-(Rupees Six lakhs only) with 10% future interest per annum from the date of suit (ie, from 04.10.2023) till the date of decree.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit.
Evidence:
The plaintiff is entitled to costs of the suit.

Documents & Evidence

Document Type: Original sale agreement for sale
Submitted By: Plaintiff
Relevance:
The agreement for sale executed between plaintiff and defendant supports the plaintiff's claim for recovery of money.
Reference:
Ext.A1
Document Type: Copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
The notice issued by the plaintiff to the defendant demanding the return of the advance amount establishes the plaintiff's claim.
Reference:
Ext.A2
Document Type: Original of the reply notice
Submitted By: Plaintiff
Relevance:
The reply notice from the defendant acknowledges her inability to comply with the terms of the agreement.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Eliyamma vs Mini regarding recovery of money
Case Code Year
Case between Eliyamma vs Mini regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 07/27/2021 - 12:00
Case Closed
Thu, 02/29/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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