O.S. No.4145/2017

Case between Jacob Mathew et al vs Sharewelath Chitts Ltd regarding execution of a money decree.

Court

THE COURT OF THE MUNSIFF, PERUMBAVOOR

Judge

Smt. Sumey Chandran

Order Date

2025-07-14

Duration

Judgement document from eCourt website

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Case Summary

Jacob Mathew and Ambily T.Chacko are the decree holders in this case against Sharewelath Chitts Ltd, represented by its Managing Director, V T George. The petition involves the execution of a money decree and the legality of simultaneous execution proceedings across different courts.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the petition that sought rejection of the execution proceedings on the grounds of simultaneous execution in different courts. It ruled that nothing prohibits such actions provided they comply with proper procedures.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The court found that simultaneous execution of a decree in different courts is permissible under the Code of Civil Procedure, 1908.

Judgment Evidence:

In the result:- E.A. No. 55/2025 is dismissed. The Execution Petition shall proceed in accordance with law.

Parties Involved

Plaintiffs

Jacob Mathew (Age not specified years) Mazhuvannoor Kara, Airapuram Village, Kunnathunad Taluk Ambily T.Chacko (Age not specified years) Mazhuvannoor Kara, Airapuram Village, Kunnathunad Taluk

Defendants

Sharewelath Chitts Ltd (Age not specified years) Reg. office at Chochin Devaswam Board Sivasakthi Building, North Swaraj Round, Trissur Desam, Thrissur Village, Thrissur Taluk V T George (58 years years) Olikkara Desam, Pullazhy Village, Thrissur Taluk

Reliefs

Relief Type: Other

Outcome: Dismissed

Description:

Rejection of the Execution Petition No. 133/2020.

Evidence:

In the result:- E.A. No. 55/2025 is dismissed.