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EP No. 31/2023 in ARC. 662 /2017

Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD. vs VASU. K. N regarding execution of decree debt

Court
Court of the Munsiff, Nadapuram
Judge
Sri. Yadukrishnan.B
Order Date
2025-02-24
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves an execution petition filed by Iringannoor Service Co-operative Bank Ltd. against Vasu. K. N. to realize a decree amount of ₹ 7,06,130 by arresting the respondent for not paying the debt. The respondent claims to have no means to pay, while the bank argues he has sufficient means.

Judgment Outcome

Defendant Won
Interim Order
The execution petition is dismissed since the bank failed to prove that the judgment debtor has sufficient means to clear the decree debt. The court noted that the respondent's claims of inability to pay were credible.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition is dismissed since the bank failed to prove that the judgment debtor has sufficient means to clear the decree debt. The court noted that the respondent's claims of inability to pay were credible.
Key Reasoning:
The decree holder failed to prove that the judgment debtor had sufficient means to pay the decree debt.
Why Defendant Won:
The decree holder failed to prove that the judgment debtor had sufficient means to pay the decree debt.
Supporting Evidence
The decree holder fails to prove the fact that JD is having sufficient means to pay the debt.

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
VASU. K. N
Party Age
58
Relation
S/o
Plaintiffs Documents
Vehicle particulars issued by RTO, Vatakara, Janmam Assignment Deeds
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C.R.Biju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. A. Santhosh
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
Petition to arrest and detain the judgment debtor for non-payment of 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.

Documents & Evidence

Document Type: Vehicle particulars
Submitted By: Plaintiff
Relevance:
Used to establish the means of the judgment debtor.
Reference:
Ext.A1
Document Type: Janmam Assignment Deed
Submitted By: Plaintiff
Relevance:
Shows landed property in the name of the respondent.
Reference:
Ext.A2
Document Type: Janmam Assignment Deed
Submitted By: Plaintiff
Relevance:
Shows additional landed property in the name of the respondent.
Reference:
Ext.A3

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 VASU. K. N regarding execution of decree debt
Case Code Year
Case between IRINGANNOOR SERVICE CO-OPERATIVE BANK LTD. vs VASU. K. N regarding execution of decree debt

Case Flags

Arrest Involved

Quick Facts

Location
Nadapuram, Kerala
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
80%

Involved Entities

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