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
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.
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.
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