Case Summary
The petitioner, Jayasankar Balakrishnan, is seeking to attach the property of the respondent Manjusha M V before judgment due to unpaid rent. The petitioner claims the respondent has refused to execute a lease deed after constructing a commercial shed on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Property of the respondent scheduled is conditionally attached.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The court was satisfied that the petitioner established a prima facie case demonstrating intent by the respondent to defeat the execution of a potential decree.
The court was satisfied that the petitioner established a prima facie case demonstrating intent by the respondent to defeat the execution of a potential decree.
Judgment Evidence:
In the result, 1)The above petition is allowed. Property of the respondent scheduled is conditionally attached.
Parties Involved
Plaintiffs
Jayasankar Balakrishnan (38 years)
Shankers, Parapallil lane, Hill Palace, Thiruvankulam P O, Ernakulam, Pin- 682305
Defendants
Manjusha M V (45 years)
Valiyaparambath House, Sanskrit College Road, Thripunithura P O, Ernakulam, Pin- 682301
Reliefs
Relief Type:
Attachment
Outcome:
Granted
Description:
The property of the respondent is conditionally attached.
Evidence:
In the result, 1) The above petition is allowed. Property of the respondent scheduled is conditionally attached.
Relief Type:
Security Furnishing
Outcome:
Granted
Description:
The respondent is directed to furnish security for Rs.1,27,070/-.
Evidence:
Respondent is directed to furnish security for Rs.1,27,070/-.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the petitioner's ownership of the schedule property.
Reference:
No.1768/2012
Document Type:
MoU
Submitted By:
Unknown
Relevance:
The Memorandum of Understanding outlines the terms of leasing and construction relating to the schedule property.
Reference:
null
Document Type:
Affidavit
Submitted By:
Court
Relevance:
The affidavit from the plaintiff supports the claim for attachment before judgment.
Reference:
null