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O.S.No. 755 /20 24

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

Court
II Additional Munsiff Court of Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-24
Duration

Judgement document from eCourt website

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Case Summary

This case involves plaintiffs Moncy Jacob and Dr. Basil M Jacob seeking compensation for losses incurred due to actions taken by defendants B. Viswanathan and B. Santha. The plaintiffs allege the defendants engaged in disruptive tactics to prevent them from utilizing property they purchased, resulting in financial losses and mental anguish.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs, allowing their petition for conditional attachment of the defendants' property due to the likelihood of them attempting to dispose of it.
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment made absolute.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established a prima facie case demonstrating potential loss of property rights due to the defendants’ actions.

Judgment Evidence:

In the result, the above petition is allowed. Conditional order of attachment dated 18.07.2024 is made absolute.

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. Viswanathan (50 years) Rachana House, near BSNL, Thripunithura, Nadama Desom, Nadama Village, Thripunithura P.O, 682301 B. Santha (54 years) Sreehari, Mukkottu Temple Road, Thripunithura 682038

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Conditional order of attachment of the immovable property.
Evidence:
The above petition is allowed. Conditional order of attachment dated 18.07.2024 is made absolute.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement between the 1st plaintiff and Mr. B. Krishna.
Reference:
Ext.A1
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
Copy of relationship certificate issued from Nadama Village Office to D1.
Reference:
Ext.A2
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Copy of complaint to the Honorable Chief Minister by the second defendant.
Reference:
Ext.A3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Notice issued by the District Registrar, Ernakulam.
Reference:
Ext.A4
Document Type: Reply
Submitted By: Plaintiff
Relevance:
Reply submitted by the plaintiffs to the District Registrar General, Ernakulam.
Reference:
Ext.A5
Document Type: Building Certificate
Submitted By: Plaintiff
Relevance:
Copy of building certificate issued by the Tripunithura Municipality.
Reference:
Ext.A6
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed no. 2448/I/2021 of SRO, Thripunithura.
Reference:
Ext.A7

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

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