Case Summary
Renu Thomas filed a suit against Sunil Kumar Thankappan for the realization of a sum of Rs. 4,70,000/- which she claims was paid for the registration of an apartment. The plaintiff alleges that the defendant misappropriated the funds and failed to fulfill his agreement to repay the amount.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the defendant, dismissing the suit due to lack of evidence supporting the plaintiff's claims. The court noted inconsistencies in the plaintiff's case and failure to prove the alleged debt.
Key Reasoning:
The plaintiff could not substantiate her claims with sufficient documentary evidence.
The plaintiff could not substantiate her claims with sufficient documentary evidence.
Why Defendant Won:
The plaintiff could not substantiate her claims with sufficient documentary evidence.
The plaintiff could not substantiate her claims with sufficient documentary evidence.
Supporting Evidence
The plaintiff could not prove that there is an enforceable debt the defendant owes him. Therefore, the suit is found to be devoid of merits and is only liable to be dismissed.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Renu Thomas
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunil Kumar Thankappan
Plaintiffs Documents
Original Sale agreement dated 25.06.12, Original Sale deed dated 06.08.14, Original agreement dated 18.09.16, Copy of complaint dated 07.06.19, Copy of lawyer notice dated 28.06.19.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham Joseph Markos
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alexander Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sharad Joseph Kodainthara
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vipin Anto U.M.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jimmy John Vellanikaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff requested to recover a sum of Rs. 4,70,000/- from the defendant.
Evidence:
Therefore, the suit is found to be devoid of merits and is only liable to be dismissed.
Documents & Evidence
Document Type:
Original Sale Agreement
Submitted By:
Plaintiff
Relevance:
It serves as evidence of the initial sale agreement for the apartment.
Reference:
Ext.A1
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
It serves as evidence of the legal registration of the apartment in plaintiff's name.
Reference:
Ext.A2
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
It is the agreement acknowledging the repayment terms established between the plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Copy of Agreement with defendant
Submitted By:
Plaintiff
Relevance:
It provides a copy of the agreement that outlines the repayment plan.
Reference:
Ext.A4
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
It is the complaint lodged against the defendant regarding his failure to repay the amount.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
It is the legal notice sent to the defendant demanding repayment of the owed amount.
Reference:
Ext.A6
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
It serves as proof of the dispatch of the legal notice to the defendant.
Reference:
Ext.A7
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
It is proof of receipt confirmation of the legal notice by the defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Renu Thomas vs Sunil Kumar Thankappan regarding realization of money
Case Code Year
Case between Renu Thomas vs Sunil Kumar Thankappan regarding realization of money