Case Summary
Elizabath Bivera is the plaintiff in this case against Athira Gold and Silks and its partners. The petition concerns an attempt to secure property to prevent its disposal before a possible decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad-interim attachment of the property.
Case Type
Civil Suit
Final Judgment
No
The court has directed the respondent to furnish security and has ordered an ad-interim attachment of the property in question.
Why Plaintiff Won:
The court found that the respondent was attempting to dispose of the attachment schedule property to defeat a potential decree.
The court found that the respondent was attempting to dispose of the attachment schedule property to defeat a potential decree.
Losing Side's Weaknesses:
The court found that the respondent was attempting to dispose of the attachment schedule property to defeat a potential decree.
The court found that the respondent was attempting to dispose of the attachment schedule property to defeat a potential decree.
Supporting Evidence
The court found that the respondent was trying to defeat the execution of a possible decree by disposing of the attachment schedule property.
Judgment Evidence:
Heard the petitioner. Perused the records. I am prima facie satisfied that the respondent with the intent to defeat the execution of decree that may be passed against him is trying to dispose of the attachment schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elizabath Bivera
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Athira Gold and Silks
- Party Role
- Defendant
- Party Name
- Antony R J
- Party Age
- 58
- Relation
- Son of
- Party Role
- Defendant
- Party Name
- Joseph R J
- Party Age
- 56
- Relation
- Son of
- Party Role
- Defendant
- Party Name
- Johnson R J
- Party Age
- 54
- Relation
- Son of
- Party Role
- Defendant
- Party Name
- Joby R J
- Party Age
- 52
- Relation
- Son of
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N S Mohamed Usman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Priya Devi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashna T Ashik
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- A S Benoy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arshad Ameen N M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Interim Injunction
Outcome:
Granted
Description:
Ad-interim attachment of attachment schedule property.
Evidence:
Hence the respondent is directed to furnish security to the tune of 1,57,400/- on or before 19.11.2025 or show cause why he should not furnish security. Meanwhile, there will be an ad-interim attachment of attachment schedule property.
Documents & Evidence
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 Elizabath Bivera vs Athira Gold and Silks et al regarding security for execution of decree.
Case Code Year
Case between Elizabath Bivera vs Athira Gold and Silks et al regarding security for execution of decree.