Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
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
Case Code No.
755
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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
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.
Why Defendant Won:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Rahath Hakkeem vs Rajani Sreekumar regarding mandatory injunction
II ADDITIONAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Ajay Kumar Gupta et al vs Shajan Joseph.K.R. et al regarding permanent prohibitory injunction
II Additional Munsiff Court
Civil Suit Plaintiff Won
Case between Smt. Baby Ravi vs Sajini Nandakumar regarding realization of money
II Additional Munsiff Court
Civil Suit Plaintiff Won
Case between M/s. Metadata Technologies vs M/s. Smart City (Kochi) Infrastructure Pvt. Ltd. regarding suit not pressed.
II Additional Munsiff Court, Ernakulam
Civil Suit Defendant Won
Case between V P Rajamma vs Devassy alias Thomas regarding restoration of suit
Munsiff Court, Ernakulam
Civil Suit Plaintiff Won