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E.P. No. 147/2022

Case between Marambilly Service Co-operative Bank No.E-265 vs Anvar regarding recovery of decreetal amount

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-01-28
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
The evidence established that the judgment debtor has 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

Plaintiffs

Marambilly Service Co-operative Bank No.E-265 (Age not specified years)

Defendants

Anvar (Age not specified years) Karothukkudy House, Pallipram Kara, Marambilly Village, Kunnathunadu Taluk

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

Quick Facts

Location
Perumbavoor
Case Filed
Outcome Confidence
90%

Involved Entities

Private Individual

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