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E.P. 197/2022 in ARC No.391/2018

Case between Kunnathunadu Taluk Housing Co-operative Society No. E-307 et al vs Abraham A P et al regarding execution of decree debt

Court
Court of the Munsiff, Perumbavoor
Judge
Smt. Sumey Chandran
Order Date
2025-08-11
Duration

Judgement document from eCourt website

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Case Summary

Kunnathunadu Taluk Housing Co-operative Society No. E-307 filed an execution petition against Abraham A P and Molly for the realization of a decree debt. The judgment-debtor contended that he has no means to satisfy the decree but the court found sufficient evidence to support the decree-holder's claims.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the execution petition, confirming that the judgment-debtor has sufficient means to pay the decree debt. A warrant of arrest was issued against the judgment-debtor for failing to satisfy the decree.
Judgment Favored
Plaintiff
Relief Granted
Warrant of arrest shall be issued against the judgment-debtor and the decree-holder is permitted to proceed for realization of the decree debt of ₹2,78,450/- together with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The judgment-debtor was found to have sufficient means and income to satisfy the decree debt.

Judgment Evidence:

In the result, the execution petition is allowed as follows: Warrant of arrest shall be issued against the judgment-debtor. The decree-holder is permitted to proceed for realisation of the decree debt of ₹2,78,450/- together with interest thereon from 17-02-2022 till realisation, in accordance with law.

Parties Involved

Plaintiffs

Kunnathunadu Taluk Housing Co-operative Society No. E-307 (Age not specified years) Inchakkal House, Asamannoor Kara, Asamannoor Village

Defendants

Abraham A P (Age not specified years) Aykkarakkudy House, Paniyeli Kara, Kombanadu Village, Kunnathunadu Taluk Molly (Age not specified years) Aykkarakkudy House, Paniyeli Kara, Kombanadu Village, Kunnathunadu Taluk

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Warrant of arrest shall be issued against the judgment-debtor.
Evidence:
In the result, the execution petition is allowed as follows: Warrant of arrest shall be issued against the judgment-debtor.
Relief Type: Other
Outcome: Granted
Description:
The decree-holder is permitted to proceed for realization of the decree debt.
Evidence:
The decree-holder is permitted to proceed for realisation of the decree debt of ₹ 2,78,450/- (Rupees Two lakh seventy-eight thousand four hundred and fifty only) together with interest thereon from 17-02-2022 till realisation, in accordance with law.

Documents & Evidence

Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
The decree-holder was examined as PW1 to establish the judgment-debtor's ability to pay the decree debt.
Reference:

Quick Facts

Location
Perumbavoor
Case Filed
Outcome Confidence
95%

Involved Entities

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