EXECUTION PETITION NO.232 OF 2015

Case between Kalpakancheri Service Co-operative Bank Ltd et al vs Kizhakkepurath Muhayudheen Pallikkal et al regarding decree execution

Court

Court of the Munsiff of Tirur

Judge

SMT. VINCY.T.V.

Order Date

2017-06-28

Duration

1 year 6 months 6 days

Judgement document from eCourt website

case_20260114_211934_batch_6967bae8464371.61800343_23_3946713c.pdf

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Case Summary

The petition involves the execution of a decree by arresting and detaining a judgment debtor for non-payment of money, with the court finding the second respondent capable of paying the debt but willfully neglecting to do so.

Judgment Outcome

Plaintiff Won

Interim Order

The court granted the petition, allowing for the arrest and detention of the second respondent for non-payment of the decree debt.

Judgment Favored

Plaintiff

Relief Granted

Arrest warrant issued against the second respondent

Case Type

Execution Petition

Final Judgment

Why Plaintiff Won:
The petitioner provided evidence showing the second respondent's means to pay the debt, his ownership of movable property, and intentional failure to pay the decree debt.

Judgment Evidence:

Issue arrest warrant against the second respondent.

Parties Involved

Plaintiffs

Kalpakancheri Service Co-operative Bank Ltd (Age not specified years) No. 1808, Kalpakancheri Post

Defendants

Kizhakkepurath Muhayudheen Pallikkal (Age not specified years) Thozhannur amsom Randathani desom Idathodathil Abdul Kareem (Age not specified years) Thozhannur amsom Randathani desom

Reliefs

Relief Type: Detention in Civil Prison

Outcome: Granted

Description:

Arrest warrant issued against the second respondent for non-payment of debt.

Evidence:

Issue arrest warrant against the second respondent.

Documents & Evidence

Document Type: Registration Certificate

Submitted By: Plaintiff

Relevance:

Proved ownership of motor vehicle in possession of the second respondent.

Reference:

Ext.A1