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
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment made absolute.
Case Type
Civil Suit
Final Judgment
No
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.
Why Plaintiff Won:
The plaintiffs established a prima facie case demonstrating potential loss of property rights due to the defendants’ actions.
The plaintiffs established a prima facie case demonstrating potential loss of property rights due to the defendants’ actions.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Upon perusal of the documents and the affidavit accompanying the petition, this court is satisfied that the defendants have not shown reasonable cause why they should not furnish security.
Judgment Evidence:
In the result, the above petition is allowed. Conditional order of attachment dated 18.07.2024 is made absolute.
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. Viswanathan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- B. Santha
- Party Age
- 54
- Relation
- D/o
Plaintiffs Documents
Agreement between the 1st plaintiff and Mr. B.Krishna, Copy of relationship certificate issued from Nadama Village Office to D1, Copy of complaint to the Honorable Chief Minister by the second defendant, Notice issued by the District Registrar, Ernakulam, Reply submitted by the plaintiffs to the District Registrar General, Ernakulam, Copy of building certificate issued by the Tripunithura Municipality, Copy of Sale deed no. 2448/I/2021 of SRO, Thripunithura
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Albert Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayaprasad M R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashok K V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Radhika Rajasekharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anila Peter
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Simi S Ali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arshid M S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bahadur Shah
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saritha K.S
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Moncy Jacob et al vs B. Viswanathan et al regarding realization of money
Case Code Year
Case between Moncy Jacob et al vs B. Viswanathan et al regarding realization of money