EP. No. 22/2025 in OS. No.125/1993

Case between Madhavan Gourikutty et al vs Jayakumar regarding enforcement of decree

Court

COURT OF THE MUNSIFF, KOLLAM

Judge

Smt. Ragi.S.

Order Date

2025-10-07

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

This case involves the decree holders Madhavan Gourikutty and others seeking to enforce a decree against the judgment debtor Jayakumar. The court dismissed the execution petition for default due to the absence of the decree holder.

Judgment Outcome

Defendant Won

Interim Order

The execution petition was dismissed due to the absence of the decree holder and lack of representation. No fresh steps were taken against the judgment debtor.

Judgment Favored

Defendant

Relief Granted

Case Type

Execution Petition

Final Judgment

The execution petition was dismissed due to the absence of the decree holder and lack of representation. No fresh steps were taken against the judgment debtor.

Key Reasoning:
The decree holder was absent and took no action to pursue the petition.

Why Defendant Won:
The decree holder was absent and took no action to pursue the petition.

Supporting Evidence

Decree holder absent and no representation. No fresh steps seen taken to Judgment Debtor.

Judgment Evidence:

Hence EP dismissed for default.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: M.Sukumaran
Party Age: 96
Relation: S/o

Party Role: Plaintiff
Party Name: Madhavan Amruthavally
Party Age: 94
Relation: S/o

Party Role: Plaintiff
Party Name: Madhavan Saraswathy
Party Age: 90
Relation: S/o

Party Role: Plaintiff
Party Name: Madhavan Anantha Bhai
Party Age: 68
Relation: S/o

Party Role: Plaintiff
Party Name: Madhavan Gourikutty

Party Role: Defendant
Party Name: Jayakumar

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: N.Suresh Babu
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Refused

Description:

EP dismissed for default

Evidence: