Case Summary
M/s. Emtex International Ltd. filed an execution petition against Baby Srambikkal and others. The court dismissed the execution petition citing limitations and lack of cause of action.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
Key Reasoning:
The execution petition was barred by limitation and lacked proper pleadings.
The execution petition was barred by limitation and lacked proper pleadings.
Judgment Evidence:
E.P is therefore dismissed. E.A 491/22 dismissed (vide separate Order). E.A 627/23 closed.
Parties Involved
Plaintiffs
M/s. Emtex International Ltd. (Age not specified years)
39/2418, Dewan's Road, Kochi-16
Dr. Varghese Mundakkal (Age not specified years)
Door No.39/2418, Dewan's Road, Ermakullam, Kochi-16
Defendants
Baby Srambikkal (44 years years)
Srambikkal House, Elamkunnappuzha, Emakulam District
Balamurali (49 years years)
North Paravoor
Sunny George (47 years years)
Rainbow Villa Manna, North Paravoor
Abraham (50 years years)
Vazhathottam, Kallad, Chelad P.O., Kothamangalam
Manager, Indian Bank (Age not specified years)
M.G.Road, Emakulam
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Execution of permanent prohibitory injunction aspect of the decree
Evidence:
No cause of action is pleaded in the E.P with respect to any aspect relating to the execution of the permanent prohibitory injunction aspect of the decree.
Relief Type:
Other
Outcome:
Refused
Description:
Other reliefs sought for in the E.P
Evidence:
Even with respect to other reliefs sought for in the E.P, the E.P is hopelessly barred by limitation as there is no proper pleadings.