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EXECUTION PETITION NO. 59 OF 2016

Case between Kurumbathoor Service Co-operative Bank Ltd. vs M. Musthafa et al regarding execution of award

Court
Court of the Munsiff of Tirur
Judge
SMT. VINCY.T.V., B.A., LL.B.
Order Date
2017-08-04
Duration
1 year
Case Closed
Fri, 08/04/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Kurumbathoor Service Co-operative Bank, filed an execution petition seeking to arrest and detain the respondents in civil prison for non-compliance with the award to pay a sum of money.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the execution petition, issued an arrest warrant against the respondent, and ordered the petitioner to deposit necessary batta within 7 days.
Judgment Favored
Plaintiff
Relief Granted
Arrest and detention of the respondents in civil prison
Case Type
Execution - Civil Procedure
Final Judgment
No
The court granted the execution petition, issued an arrest warrant against the respondent, and ordered the petitioner to deposit necessary batta within 7 days.
Why Plaintiff Won:
The court found that the respondents had sufficient means to pay the decree debt but wilfully neglected to do so, based on the evidence provided by the petitioner.
Losing Side's Weaknesses:
The court found that the respondents had sufficient means to pay the decree debt but wilfully neglected to do so, based on the evidence provided by the petitioner.
Supporting Evidence
The decree holder gave some indication or details of the properties or assets of the judgment debtor. The petitioner produced documents to show that the respondent has land property.

Judgment Evidence:

The petitioner has proved that the respondent has sufficient means to pay off the decree debt and he willfully neglected to pay the same. So, the respondent is liable to be arrested and detained in civil prison for non-payment of decree debt.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Secretary (In charge), Kurumbathoor Service Co-operative Bank Ltd.
Party Role
Defendant
Party Name
M. Musthafa
Party Age
40
Relation
S/o Saithali
Party Role
Defendant
Party Name
M. Musthafa
Party Age
35
Relation
S/o Muhammed @ Bapputty
Party Role
Defendant
Party Name
M. Sainul Abith
Party Age
30
Relation
Son of Kunhukutty
Plaintiffs Documents
Assignment No. 948/2005, Registration Particulars, etc.
Defendants Documents
Encumbrance Certificate of property, Prescription documents

Advocates

Party Role
Petitioner
Advocate Name
Sri. Mirshad Kapat
Appearance Type
Main Counsel
Party Role
Respondents
Advocate Name
Sri.Gopikadavath
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Arrest and detention in civil prison
Outcome: Granted
Description:
Execution petition allowed, arrest warrant issued against the respondent.
Evidence:
The petitioner has proved that the respondent has sufficient means to pay off the decree debt and he willfully neglected to pay the same. So, the respondent is liable to be arrested and detained in civil prison for non-payment of decree debt.

Documents & Evidence

Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Showed ownership and transfer of property.
Reference:
A1
Document Type: Registration Particulars
Submitted By: Plaintiff
Relevance:
Provided details of motor vehicle registration.
Reference:
A2
Document Type: Encumbrance certificate
Submitted By: Defendant
Relevance:
Displayed encumbrance details of property.
Reference:
B1

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 Kurumbathoor Service Co-operative Bank Ltd. vs M. Musthafa et al regarding execution of award
Case Code Year
Case between Kurumbathoor Service Co-operative Bank Ltd. vs M. Musthafa et al regarding execution of award

Case Flags

Imprisonment Involved
Arrest Involved

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 08/04/2016 - 12:00
Case Closed
Fri, 08/04/2017 - 12:00
From
Tue, 08/01/2017 - 12:00
To
Thu, 08/31/2017 - 12:00
Outcome Confidence
100%

Involved Entities

Co-operative Bank

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