O.S No. 1218/2014

Case between K.M. Subru vs Thajuddin regarding violation of compromise decree

Court

THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Rohit Nandakumar

Order Date

2025-06-12

Duration

approximately-11 years 4 months

Judgement document from eCourt website

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Case Summary

K.M. Subru, the decree holder, alleges that Thajuddin, the judgment debtor, violated the conditions of a compromise decree by allowing parking obstructing a pathway. The court examined evidence regarding these violations.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the execution petition, ruling that the decree holder failed to prove that the judgment debtor violated the compromise decree.

Judgment Favored

Defendant

Relief Granted

Case Type

Execution Petition

Final Judgment

No

Key Reasoning:
The evidence provided was insufficient to prove the alleged violations beyond a reasonable doubt.

Judgment Evidence:

Hence, in such circumstance, I am of the opinion that this E.P. is bound to fail and that the judgment debtor cannot be detained in civil prison as sought for in the petition and that this petition should therefore be dismissed.

Parties Involved

Plaintiffs

K.M. Subru (74 years) Kozhekkattu House, H.No.VII/11A, Kunnumpuram, Kakkanad P.O., Pin – 682 030, Vazhakkala Village, Kanayanoor Taluk, Ernakulam District

Defendants

Thajuddin (49 years) Vettathariku Purayidam, Kunnumpuram, Kakkanad P.O, PIN - 682 030, Vazhakkala Village, Kanayanoor Taluk, Ernakulam District

Reliefs

Relief Type: Other

Outcome: Refused

Description:

The petitioner's request for detention of the judgment debtor in civil prison for violation of the compromise decree.

Evidence:

The evidence of PW1 and the photographs produced were not sufficient enough to warrant the detention of the judgment debtor in prison.

Documents & Evidence

Document Type: C.D

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1

Document Type: Photograph

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(a)

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(b1) to Ext.A1(b4)

Document Type: Photograph

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(c)

Document Type: Photograph

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(d)

Document Type: Photograph

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(e)

Document Type: Photograph

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(f1) & Ext.A1(f2)

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(g) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A1(h) series

Document Type: C.D

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2 series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(a) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(b) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(c) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(d) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(e) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(f) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(g) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(h) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(i) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(j) series

Document Type: Photographs

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced without necessary certification.

Reference:

Ext.A2(k) series

Document Type: Complaint of K.M Subru to Thrikkakara Municipality

Submitted By: Plaintiff

Relevance:

Marked as proof of complaint regarding violations.

Reference:

Ext.A3

Document Type: Receipt

Submitted By: Plaintiff

Relevance:

Marked as subject proof of complaint.

Reference:

Ext.A3(a)

Document Type: Notice

Submitted By: Plaintiff

Relevance:

Marked as subject proof of complaint against the judgment debtor.

Reference:

Ext.A3(b)

Document Type: C.D

Submitted By: Plaintiff

Relevance:

Marked as subject proof, produced with necessary certification.

Reference:

Ext.A4

Document Type: Certification under Sec. 65B of the Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A4.

Reference:

Ext.A4(a)

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1 C.D.

Reference:

Ext.A5

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(a).

Reference:

Ext.A6

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(b) series.

Reference:

Ext.A7

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(c).

Reference:

Ext.A8

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(d).

Reference:

Ext.A9

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(f) series.

Reference:

Ext.A10

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(e).

Reference:

Ext.A11

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(g) series.

Reference:

Ext.A12

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A1(h) series.

Reference:

Ext.A13

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2 C.D.

Reference:

Ext.A14

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(a) series.

Reference:

Ext.A15

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(b) series.

Reference:

Ext.A16

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(c) series.

Reference:

Ext.A17

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(d) series.

Reference:

Ext.A18

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(e) series.

Reference:

Ext.A19

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(f) series.

Reference:

Ext.A20

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(g) series.

Reference:

Ext.A21

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(h) series.

Reference:

Ext.A22

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(i) series.

Reference:

Ext.A23

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(j) series.

Reference:

Ext.A24

Document Type: Certification under Sec. 65B of Indian Evidence Act

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to Ext.A2(k) series.

Reference:

Ext.A25

Document Type: Certified copy of Award with sketch

Submitted By: Plaintiff

Relevance:

Marked as proof relevant to the compromise decree.

Reference:

Ext.A26

Document Type: DVD

Submitted By: Defendant

Relevance:

Marked as subject to objection.

Reference:

Ext.B1

Document Type: Photographs with Certification u/s. 65 B of Evidence Act

Submitted By: Defendant

Relevance:

Marked as subject to objection.

Reference:

Ext.B1(a) to Ext.B1(m)

Document Type: Photographs with Certification u/s. 65 B of Evidence Act

Submitted By: Defendant

Relevance:

Marked as subject to objection.

Reference:

Ext.B2 series

Document Type: Photographs with Certification u/s. 65 B of Evidence Act

Submitted By: Defendant

Relevance:

Marked as subject to objection.

Reference:

Ext.B3 series