Case Summary
The plaintiffs Moncy Jacob and Dr. Basil M Jacob filed a suit for realization of money against the defendants B Viswanath and B Santhi. The defendants filed a petition requesting the release of property from attachment, which was previously ordered in the course of the case.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Release of property from attachment with acceptance of FD receipt as security.
Case Type
Civil Suit
Final Judgment
No
The petition from the defendants requesting the release of the attached property was allowed, as the court found the security provided sufficient to meet the amount claimed in the plaint.
Key Reasoning:
The court determined that sufficient security was provided as per the applicable civil procedure rules.
The court determined that sufficient security was provided as per the applicable civil procedure rules.
Why Defendant Won:
The court determined that sufficient security was provided as per the applicable civil procedure rules.
The court determined that sufficient security was provided as per the applicable civil procedure rules.
Supporting Evidence
The security furnished by petitioner is sufficient to meet the amount claimed in the plaint and the amount for which attachment is effected.
Judgment Evidence:
In the result, Petition is allowed. Property attached as per Order in IA.No.2/2024 dated 24.09.2024 is released from attachment on accepting FD receipt No.7213404159-7 for Rs. 4,00,000/- with SBI, Tripunithura as security until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moncy Jacob
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr. Basil M Jacob
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- B Viswanath
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- B Santhi
- Party Age
- 54
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Fixed Deposit receipt No.7213404159-7 dated 27.09.2024 of State Bank of India, Tripunithura
Advocates
- Party Role
- Defendant
- Advocate Name
- Adv. P Radhika Rajasekharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Anila Peter
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Simi S Ali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Arshid M S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Bahadur Shah
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Saritha K S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Albert Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jayaprasad M R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Ashok K V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The court allowed the petition for the release of the property from attachment upon accepting the Fixed Deposit receipt as security.
Evidence:
Accordingly, I am satisfied that the above petition is liable to be allowed.
Documents & Evidence
Document Type:
Fixed Deposit Receipt
Submitted By:
Defendant
Relevance:
The court accepted this Fixed Deposit receipt as security for the release of the property from attachment.
Reference:
FD receipt No.7213404159-7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024