Case Summary
The petitioner/decree holder filed an execution petition seeking arrest and detention of the respondents in the civil prison for non-compliance with the award for payment of money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Arrest and detention of the first respondent
Case Type
Execution Petition
Final Judgment
No
The court allowed the execution petition and issued an arrest warrant against the first respondent for non-payment of the decree debt.
Why Plaintiff Won:
The first respondent was found to have sufficient means to pay off the decree debt but willfully neglected to do so.
The first respondent was found to have sufficient means to pay off the decree debt but willfully neglected to do so.
Losing Side's Weaknesses:
The first respondent was found to have sufficient means to pay off the decree debt but willfully neglected to do so.
The first respondent was found to have sufficient means to pay off the decree debt but willfully neglected to do so.
Supporting Evidence
It is open to the execution court on the materials placed before it, to draw an inference as regards the statutory findings required by the section. Once decree holder leads such evidence, the burden shifts to judgment debtor to show that he is not possessed of means and thus incapable of discharging the decree debt.
Judgment Evidence:
In the result, the petition is allowed. Issue arrest warrant against the first respondent. The petitioner shall deposit necessary batta within 7 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunnamkulam Finance Company Ltd
- Party Role
- Defendant
- Party Name
- Shihab
- Party Age
- 31
- Relation
- S/o. Muthanikkatt Thitheemu
- Party Role
- Defendant
- Party Name
- Kamarudheen
- Party Age
- 42
- Relation
- S/o. Pilathottathil Kunhimuhammed
Plaintiffs Documents
Certified copy of general power of attorney holder, Issued attachment lifting order from Wadakancheri Munsiff court (Ext. A1, Ext. A2)
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Arrest and Detention
Outcome:
Granted
Description:
Arrest and detention of the first respondent in the civil prison for non-compliance of the decree for payment of money
Evidence:
In the result, the petition is allowed. Issue arrest warrant against the first respondent. The petitioner shall deposit necessary batta within 7 days.
Documents & Evidence
Document Type:
Certified copy of general power of attorney holder
Submitted By:
Plaintiff
Relevance:
To show the power of attorney
Reference:
Ext. A1
Document Type:
Issued attachment lifting order
Submitted By:
Plaintiff
Relevance:
To show the lifting of attachment
Reference:
Ext. A2
Case Classification
Case Type
Execution Petition
Category
Enforcement of Court Orders
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kunnamkulam Finance Company Ltd, Sruthy Paradise Shopping Center vs Shihab et al regarding execution of payment
Case Code Year
Case between Kunnamkulam Finance Company Ltd, Sruthy Paradise Shopping Center vs Shihab et al regarding execution of payment
Case Flags
Arrest Involved