Case Summary
Kerala Gramin Bank filed an execution petition seeking to arrest and detain Abdul Nazer for non-compliance of a money decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Arrest and detention in civil prison
Case Type
Execution - Civil Procedure
Final Judgment
No
The court ordered the arrest and detention of Abdul Nazer in the civil prison for non-payment of the decree debt.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Ext.A1 and Ext.A2 document would show that the respondent has saleable interest in 1 acre 55.25 cents of property which he owns in his name and from which necessary money can be raised or realised to pay up the decree debt.
Judgment Evidence:
In the result, the petition is allowed. Issue arrest warrant against the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by its Manager
- Party Role
- Defendant
- Party Name
- Abdul Nazer
- Party Age
- 44
- Relation
- S/o. Mohammed Haji
Plaintiffs Documents
Ext.A1 - Possession Certificate, Ext.A2 - Tax Receipt
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Arrest and detention in civil prison
Outcome:
Granted
Description:
Arrest and detention of Abdul Nazer for non-payment of the decree debt of Rs. 1,97,843/- with interest and costs
Evidence:
In the result, the petition is allowed. Issue arrest warrant against the respondent.
Documents & Evidence
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
To show saleable interest in property owned by respondent for realizing necessary money to pay off decree debt.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
To demonstrate ownership of property and potential income source for paying off the decree debt.
Reference:
Ext.A2
Case Classification
Case Type
Execution - Civil Procedure
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kerala Gramin Bank vs Abdul Nazer et al regarding execution of a money decree
Case Code Year
Case between Kerala Gramin Bank vs Abdul Nazer et al regarding execution of a money decree
Case Flags
Imprisonment Involved