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ORIGINAL SUIT No. 159 OF 2016

Case between Peringottukara Namboothiri Yogakshema Sabha et al vs Nelson et al regarding money realization

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-10-28
Duration
1 year 8 months 8 days
Case Closed
Sat, 10/28/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff institution filed suit against defendants to recover money from a chitti scheme, alleging defaults in installments and non-response to notices.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed for the plaintiff with a direction for payment of the due amount with interest and costs by the defendants.
Judgment Favored
Plaintiff
Relief Granted
Money Realization with Interest
Case Type
Civil Suit - Realization of Money
Final Judgment
No
The court decreed for the plaintiff with a direction for payment of the due amount with interest and costs by the defendants.
Why Plaintiff Won:
The plaintiff provided substantial evidence of defaults in installments and non-response from the defendants to notices.
Losing Side's Weaknesses:
The plaintiff provided substantial evidence of defaults in installments and non-response from the defendants to notices.
Supporting Evidence
The plaintiffs has proved his case with cogent and reliable evidence as already stated by the defendant opted to remain exparte. Hence the plaintiffs are entitled to get a decree as prayed for.

Judgment Evidence:

The suit is decreed as follows: 1. The defendants are directed to pay the plaintiff a sum of Rs. 92,952/- with an interest at 8% per annum from the date of suit till realization. 2. The defendants shall pay the costs of the suit to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Peringottukara Namboothiri Yogakshema Sabha
Relation
Repr. By its Secretary
Party Role
Plaintiff
Party Name
Manager, Peringottukara Namboothiri Yogakshema Sabha, Tirur Branch
Party Role
Defendant
Party Name
Nelson
Party Age
25
Relation
S/o Subrahmanian
Party Role
Defendant
Party Name
Meenakshi
Party Age
68
Relation
W/o Late Kumaran
Party Role
Defendant
Party Name
Sudheesh Babu
Party Age
32
Relation
S/o Kunhikiliyan
Party Role
Defendant
Party Name
Satheesh.P.C.
Party Age
31
Relation
S/o Govindan Nair
Party Role
Defendant
Party Name
Koran
Party Age
63
Relation
S/o Kuttan
Party Role
Defendant
Party Name
Musthafa
Party Age
44
Relation
S/o Muhammed
Plaintiffs Documents
Agreement dated 31-1-2012, Debit Slip dated 31-1-2012, Receipt dated 31-1-2012, Voucher dated 31-1-2012, Copy of lawyer notice with postal receipt, Copy of lawyer notice with postal receipt and acknowledgment, Copy of lawyer notice with postal receipt acknowledgment and notice returned, Copy of lawyer notice with postal receipt and acknowledgment, Copy of lawyer notice with postal receipt and acknowledgment, Copy of lawyer notice with postal receipt and acknowledgment
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Money Realization
Outcome: Granted
Description:
Payment of Rs. 92,952/- with an interest at 8% per annum from the date of suit till realization
Evidence:

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Proved agreement executed by the defendant as on 31-1-2012
Reference:
Ext.A1
Document Type: Debit Slip
Submitted By: Plaintiff
Relevance:
Proved debit slip executed by the defendant as on 31-1-2012
Reference:
Ext.A2
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Proved receipt executed by the defendant as on 31-1-2012
Reference:
Ext.A3
Document Type: Voucher
Submitted By: Plaintiff
Relevance:
Proved voucher executed by the defendant as on 31-1-2012
Reference:
Ext.A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved copy of lawyer notice with postal receipt notice returned and undelivered cover
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved copy of lawyer notice with postal receipt and acknowledgment
Reference:
Ext.A6
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved copy of lawyer notice with postal receipt acknowledgment and notice returned
Reference:
Ext.A7
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved copy of lawyer notice with postal receipt and acknowledgment
Reference:
Ext.A8
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved copy of lawyer notice with postal receipt and acknowledgment
Reference:
Ext.A9
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved copy of lawyer notice with postal receipt, notice return and acknowledgment
Reference:
Exdt.A10

Case Classification

Case Type
Civil Suit - Realization of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Peringottukara Namboothiri Yogakshema Sabha et al vs Nelson et al regarding money realization
Case Code Year
Case between Peringottukara Namboothiri Yogakshema Sabha et al vs Nelson et al regarding money realization

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 10/20/2016 - 12:00
Case Closed
Sat, 10/28/2017 - 12:00
From
Sun, 10/01/2017 - 12:00
To
Tue, 10/31/2017 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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