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
The court allowed the petition for attachment and directed the respondent to furnish security for the amount of Rs.1,27,070.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that the above petition is liable to be allowed.
Judgment Evidence:
In the result, 1)The above petition is allowed. Property of the respondent scheduled is conditionally attached.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayasankar Balakrishnan
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manjusha M V
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya A R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese Annie
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajagopalan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M N Manmadhan
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024