Case Summary
The case involves an execution petition filed by IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD. against three judgment debtors, SUSHANTH. T, ARUN, and SHAJEEV, for recovery of a decree debt of ₹60,545. The judgment debtors have claimed they lack the means to pay the debt, while the bank asserts they have sufficient means.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition was dismissed as the decree holder failed to prove that the judgment debtors had sufficient means to pay the decree debt of ₹60,545.
Key Reasoning:
The decree holder could not substantiate the claim that the judgment debtors had sufficient means to clear the decree debt.
The decree holder could not substantiate the claim that the judgment debtors had sufficient means to clear the decree debt.
Why Defendant Won:
The decree holder could not substantiate the claim that the judgment debtors had sufficient means to clear the decree debt.
The decree holder could not substantiate the claim that the judgment debtors had sufficient means to clear the decree debt.
Supporting Evidence
The decree holder failed to produce any documents to prove the fact that the judgment debtors are having the properties both movable and immovable.
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
- SUSHANTH. T
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- ARUN
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SHAJEEV
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Photocopy of Assignment Deed No. 917/1983, Vehicle particulars, Google Pay transaction receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- 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:
Arrest and Detention
Outcome:
Refused
Description:
The petitioner's request for arrest and detention of the respondents was denied.
Evidence:
The decree holder fails to prove the fact that JD’s are having sufficient means to pay the decree debt.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Assignment Deed No. 917/1983 to prove property ownership claims.
Reference:
Ext.A1
Document Type:
Vehicle particulars
Submitted By:
Plaintiff
Relevance:
Vehicle particulars of vehicle No. KL 18R9593, issued by RTO, to establish transportation means.
Reference:
Ext.A2
Document Type:
Vehicle particulars
Submitted By:
Plaintiff
Relevance:
Vehicle particulars of vehicle No. KL 1808045, issued by RTO, to establish transportation means.
Reference:
Ext.A3
Document Type:
Google Pay transaction
Submitted By:
Plaintiff
Relevance:
Photocopy of Google Pay transaction to demonstrate bank account activity.
Reference:
Ext.A4
Document Type:
Google Pay transaction
Submitted By:
Plaintiff
Relevance:
Photocopy of Google Pay transaction to demonstrate bank account activity.
Reference:
Ext.A5
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD., et al vs SUSHANTH. T, ARUN, SHAJEEV regarding execution of decree debt
Case Code Year
Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD., et al vs SUSHANTH. T, ARUN, SHAJEEV regarding execution of decree debt
Case Flags
Arrest Involved