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
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment made absolute
Case Type
Civil Suit
Final Judgment
No
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.
Why Plaintiff Won:
The court found sufficient grounds for the plaintiffs' claims that their rights to the property were being obstructed.
The court found sufficient grounds for the plaintiffs' claims that their rights to the property were being obstructed.
Losing Side's Weaknesses:
The court found sufficient grounds for the plaintiffs' claims that their rights to the property were being obstructed.
The court found sufficient grounds for the plaintiffs' claims that their rights to the property were being obstructed.
Supporting Evidence
The petitioners have established a prima facie case, and the respondents 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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashok K V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P Radhika Rajasekharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anila Peter
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Simi S Ali
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Arshid M S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bahadur Shah
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Saritha K.S
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
O.S.NO.
Case Code Year
2024