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O.S.No. 755 /2024

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

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-24
Duration

Judgement document from eCourt website

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Case Summary

The plaintiffs, Moncy Jacob and Dr. Basil M Jacob, have filed a petition against the defendants, B. Viswanathan and B. Santha, regarding the realization of money due to losses incurred from disruption and obstruction by the defendants. The plaintiffs are seeking compensation for damages caused by the defendants' actions that prevented them from utilizing their purchased property.

Judgment Outcome

Plaintiff Won
Interim Order
The court has allowed the petition for conditional attachment of the defendants' property. It was found that there was a prima facie case indicating the defendants might dispose of their property to obstruct the execution of a future decree in favor of the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment made absolute
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found sufficient grounds for the plaintiffs' claims that their rights to the property were being obstructed.

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

Defendants

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

Reliefs

Relief Type: Other
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: Relationship 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
75%

Involved Entities

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