Case Summary
This case involves an execution petition filed by Iringannoor Service Co-operative Bank Ltd. against Sreekesh to recover a decree debt of ₹11,494. The bank claims that Sreekesh has the means to pay but has not done so, while Sreekesh argues he does not have the means to clear the debt.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition is dismissed as the decree holder failed to prove that the judgment debtor has sufficient means to pay the decree debt.
Key Reasoning:
The decree holder did not provide sufficient evidence to prove the judgment debtor's means.
The decree holder did not provide sufficient evidence to prove the judgment debtor's means.
Why Defendant Won:
The decree holder did not provide sufficient evidence to prove the judgment debtor's means.
The decree holder did not provide sufficient evidence to prove the judgment debtor's means.
Supporting Evidence
The burden is always upon the decree holder to prove the fact that JD is having sufficient means. It has not happened in this case.
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
- Plaintiff
- Party Name
- Anil Aravind
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SREEKESH
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
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:
Other
Outcome:
Dismissed
Description:
Execution petition to arrest and detain the judgment debtor for not paying the decree debt.
Evidence:
In the light of discussions held in point no.1 and 2, 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 for an amount of ₹ 11,494/- (Rupees One Lakh Eleven Thousand Four Hundred and Ninety Four Only).
Documents & Evidence
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. vs SREEKESH regarding execution petition to realize decree debt.
Case Code Year
Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD. vs SREEKESH regarding execution petition to realize decree debt.
Case Flags
Arrest Involved