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EP No. 171/2023

Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD. et al vs SREEKESH. T regarding execution of decree debt.

Court
COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-02-18
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Iringan Noor Service Co-operative Bank Ltd. filed an execution petition against Sreekesh. T for failing to pay a decree debt. The respondent claimed to have no means to pay, while the petitioner argued he had sufficient means.

Judgment Outcome

Defendant Won
Interim Order
The execution petition to arrest and detain the judgment debtor was dismissed with costs as the petitioner failed to prove the debtor had sufficient means to pay the decree debt.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition to arrest and detain the judgment debtor was dismissed with costs as the petitioner failed to prove the debtor had sufficient means to pay the decree debt.
Key Reasoning:
The decree holder failed to prove that the judgment debtor had sufficient means to pay the debt.
Why Defendant Won:
The decree holder failed to prove that the judgment debtor had sufficient means to pay the debt.
Supporting Evidence
The decree holder fails to prove the fact that JD has sufficient means to pay the debt. The burden is always upon the decree holder to prove the fact that JD is having sufficient means.

Judgment Evidence:

In the result, EP is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD.
Relation
Represented by
Party Role
Defendant
Party Name
SREEKESH. T
Party Age
38
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Petitioner
Advocate Name
Sri. C.R.Biju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.K.M. Raghunath
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
The execution petition to realize the amount of ₹34,905 by arrest and detention of the respondent in civil prison was dismissed
Evidence:
the above EP is only to be dismissed with costs as the decree holder fails to prove the fact that JD is having sufficient means to pay the decree debt

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
Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD. et al vs SREEKESH. T regarding execution of decree debt.
Case Code Year
Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD. et al vs SREEKESH. T regarding execution of decree debt.

Case Flags

Arrest Involved

Quick Facts

Location
Nadapuram, Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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