Case Summary
The case involves a petition by the defendant, Manjusha M V, to lift the order of attachment on her property. The plaintiff, Jayasankar Balakrishnan, sought to attach the property as security for a monetary claim.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Property attached is released from attachment on accepting FD for Rs. 1,27,070/- with Union Bank, Tripunithura branch as security until further orders.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for lifting the order of attachment on the defendant's property, deeming the security furnished sufficient to cover the plaintiff's claim. The attached property will be released based on the fixed deposit provided as security.
Key Reasoning:
The court found that sufficient security was furnished to withdraw the attachment as per the provisions of the Code of Civil Procedure.
The court found that sufficient security was furnished to withdraw the attachment as per the provisions of the Code of Civil Procedure.
Why Defendant Won:
The court found that sufficient security was furnished to withdraw the attachment as per the provisions of the Code of Civil Procedure.
The court found that sufficient security was furnished to withdraw the attachment as per the provisions of the Code of Civil Procedure.
Supporting Evidence
The security furnished by petitioner is sufficient to meet the amount claimed in the plaint and the amount for which attachment is effected. Therefore, this court has power to withdraw attachment under O.38 R.6(2) of CPC when sufficient security is furnished.
Judgment Evidence:
In the result, Petition is allowed. Property attached as per Order in IA.No.3/2024 dated 28.10.2024 is released from attachment on accepting FD for Rs. 1,27,070/- with Union Bank, Tripunithura branch in the name of defendant dated 01.11.2024 as security until further orders.
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
FD receipt with lien marked for a sum equivalent to plaint claim.
Advocates
- Party Role
- Defendant
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M N Manmadan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rajagopalan A
- Appearance Type
- Assisting Counsel
- 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
- Sanjana Sara Varghese Annie
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Petition is allowed for the release of property from attachment.
Evidence:
Accordingly, I am satisfied that the above petition is liable to be allowed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Jayasankar Balakrishnan vs Manjusha M V regarding recovery of possession and realization of money
Case Code Year
Case between Jayasankar Balakrishnan vs Manjusha M V regarding recovery of possession and realization of money