Case Summary
Murukesh.M filed a petition against Sandeep.G.P for the conditional attachment of property. The court considered the petition and the risks of transferring the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional attachment of property until further orders
Case Type
Civil Suit
Final Judgment
No
The court found that there was a prima facie case for the petitioner. It ordered conditional attachment of the scheduled property until further orders.
Why Plaintiff Won:
The petitioner established a prima facie case, showing risk of property transfer that could undermine the potential decree in their favor.
The petitioner established a prima facie case, showing risk of property transfer that could undermine the potential decree in their favor.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
If the petition is not allowed, there will be chance to transfer the petition schedule property, which will defeat the decree that may be passed in favour of the petitioner.
Judgment Evidence:
This is a petition filed under Order XXXVIII Rule 5 of Code of Civil Procedure. Heard the learned counsel for the petitioner and perused the affidavit and the suit documents. I am satisfied that the petitioner has got a prima facie case.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Murukesh.M
- Party Role
- Defendant
- Party Name
- Sandeep.G.P
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Babu.P. Pothencode
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The property is conditionally attached until further orders.
Evidence:
In the meantime, the scheduled property is conditionally attached until further orders.
Relief Type:
Other
Outcome:
Granted
Description:
Notice issued to the defendant to furnish security or show cause.
Evidence:
Issue notice to the counter petitioner/defendant calling upon their either to furnish security for Rs. 5,66,950/- or to show cause why security should not be furnished.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Court
Relevance:
The court perused the affidavit submitted by the petitioner.
Reference:
Document Type:
Suit Documents
Submitted By:
Unknown
Relevance:
The court reviewed the suit documents related to the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Murukesh.M vs Sandeep.G.P regarding conditional attachment of property
Case Code Year
Case between Murukesh.M vs Sandeep.G.P regarding conditional attachment of property