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O.S.No.755/2024

Case between Moncy Jacob et al vs B Viswanath et al regarding realization of money

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-10-25
Duration

Judgement document from eCourt website

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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

Defendant Won
Interim Order
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.
Judgment Favored
Defendant
Relief Granted
Release of property from attachment with acceptance of FD receipt as security.
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court determined that sufficient security was provided as per the applicable civil procedure rules.

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

Plaintiffs

Moncy Jacob (69 years) Door No. C C 39/6207 D, Alappat Cross Road, Cochin- 682015 Dr. Basil M Jacob (38 years) Door No. C C 39/6207 D, Alappat Cross Road, Cochin- 682015

Defendants

B Viswanath (51 years) Rachana House, Near BSNL, Thripunithura, Nadama Desom, Nadama Village, Thripunithura P O, Ernakulam 682301 B Santhi (54 years) Sreehari House, Mukkottu Temple Road, Thripunithura P O, Pin- 682038

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

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
85%

Involved Entities

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