Case Summary
Marambilly Service Co-operative Bank is seeking to recover a decreetal amount from Anvar. The court found that Anvar has the means to pay the debt but has willfully neglected to do so.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Detention of judgment debtor for three months unless amount paid or grounds under Section 58 of Civil Procedure Code are met.
Case Type
Execution Petition
Final Judgment
No
The petition was allowed, and a warrant for the arrest of the judgment debtor, Anvar, was issued for the recovery of the decreetal amount through detention in civil prison.
Why Plaintiff Won:
The evidence established that the judgment debtor has sufficient means to pay the decreetal debt.
The evidence established that the judgment debtor has sufficient means to pay the decreetal debt.
Losing Side's Weaknesses:
The evidence established that the judgment debtor has sufficient means to pay the decreetal debt.
The evidence established that the judgment debtor has sufficient means to pay the decreetal debt.
Supporting Evidence
The evidence of PW1 would go to show that judgment debtor is having sufficient means to pay the decreetal debt.
Judgment Evidence:
In the result, petition is allowed as follows: Issue a warrant of arrest against Judgment-Debtor, for arrest and detention of judgment debtor in civil prison, for the realization of the decree debt.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marambilly Service Co-operative Bank No.E-265
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anvar
- Relation
- S/o
Plaintiffs Documents
Copy of Photograph A1, Copy of Photograph A2, Copy of Photograph A3
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.N. Madhava Pai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Maitheen M. Pareeth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Warrant of arrest issued against Judgment-Debtor for arrest and detention in civil prison for three months.
Evidence:
Issue a warrant of arrest against Judgment-Debtor, for arrest and detention of judgment debtor in civil prison, for the realization of the decree debt, he shall be detained on arresting him for three months in civil prison.
Documents & Evidence
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photographs were marked to identify the house of the judgment debtor.
Reference:
Ext.A1
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photographs were marked to identify the house of the judgment debtor.
Reference:
Ext.A2
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photographs were marked to identify the house of the judgment debtor.
Reference:
Ext.A3
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Marambilly Service Co-operative Bank No.E-265 vs Anvar regarding recovery of decreetal amount
Case Code Year
Case between Marambilly Service Co-operative Bank No.E-265 vs Anvar regarding recovery of decreetal amount
Case Flags
Imprisonment Involved
Arrest Involved
Imprisonment Duration
3 months