Case Summary
The case involves a petition filed by Krishnan C.V seeking to attach property owned by Anoop P.K. The petitioner claims that the respondent has failed to pay a promised amount and is now trying to sell the property, which could hinder the execution of a future decree in favor of the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Property is conditionally attached for an amount of Rs. 3,66,000/-
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The balance of convenience favors the petitioner, as allowing the petition avoids irreparable injury to him.
The balance of convenience favors the petitioner, as allowing the petition avoids irreparable injury to him.
Judgment Evidence:
In the result, the petition stands allowed.
Parties Involved
Plaintiffs
Krishnan C.V (70 years years)
Chittethuparambil House, Kaduval, Perumbavoor P.O., Parappuram Kara, Perumbavoor Village, Pin : 683542.
Defendants
Anoop P.K (37 years years)
Aasarippady, First Floor, Near Karichatty Hotel, Edathala P.O, Pin : 683561.
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Conditional attachment of property was sought to secure the amount owed to the petitioner.
Evidence:
Therefore, the petition stands allowed. Property is conditionally attached for an amount of Rs. 3,66,000/-.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document represents the agreement made by the defendant to pay an amount as per the arrangement, providing evidence of the debt owed.
Reference:
Ext.A1
Document Type:
Copy of the Cheque
Submitted By:
Plaintiff
Relevance:
This document shows the cheque issued by the defendant, which was returned due to insufficient funds, establishing the basis for the claim.
Reference:
Ext.A2
Document Type:
Copy of the Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document corroborates the return of the cheque and is relevant to the plaintiff's claim for recovery of the amount.
Reference:
Ext.A3
Document Type:
Copy of the Partition Deed
Submitted By:
Defendant
Relevance:
This document was produced by the respondent to support their claim of a prior agreement and the execution of a partition deed.
Reference:
Ext.B1