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
The execution petition was dismissed as it was filed after the limitation period and lacked necessary pleadings.
Key Reasoning:
The execution petition was barred by limitation and lacked proper pleadings.
The execution petition was barred by limitation and lacked proper pleadings.
Why Defendant Won:
The execution petition was barred by limitation and lacked proper pleadings.
The execution petition was barred by limitation and lacked proper pleadings.
Supporting Evidence
E.P is therefore dismissed. The E.P is filed nearly after 16 years of decree. 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.
Judgment Evidence:
E.P is therefore dismissed. E.A 491/22 dismissed (vide separate Order). E.A 627/23 closed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Emtex International Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Dr. Varghese Mundakkal
- Relation
- Managing Director
- Party Role
- Defendant
- Party Name
- Baby Srambikkal
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Balamurali
- Party Age
- 49
- Relation
- Advocate
- Party Role
- Defendant
- Party Name
- Sunny George
- Party Age
- 47
- Party Role
- Defendant
- Party Name
- Abraham
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manager, Indian Bank
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. R Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shaijan Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Surumi Shakeer
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S. Sunitha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saji Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Alphi Anwar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sabu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Shankar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shoban George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaijan C. George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajitha George
- Appearance Type
- Main Counsel
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.
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s. Emtex International Ltd. vs Baby Srambikkal et al regarding execution petition.
Case Code Year
Case between M/s. Emtex International Ltd. vs Baby Srambikkal et al regarding execution petition.