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O.S. No.424/2018

Case between Reshma S S vs Rekha S S regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-12-21
Duration
approximately-6 years 11 months

Judgement document from eCourt website

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Case Summary

The plaintiff Reshma and the defendant Rekha are siblings involved in a dispute over compensation related to property transfer. The plaintiff claims the defendant failed to pay Rs.8,00,000 after a settlement agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiff, ordering the defendant to pay Rs.8,00,000 with interest. The court found merit in the plaintiff's claim regarding the dishonored cheque.
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs.8,00,000 with interest @ 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved her case regarding the dishonored cheque intended as compensation.

Judgment Evidence:

In the result, suit is decreed with costs directing the defendant to pay an amount of Rs.8,00,000(Rupees Eight Lakhs only) to the plaintiff with interest @ 6% per annum from the date of suit till the date of its realization.

Parties Involved

Plaintiffs

Reshma S S (Age not specified years) House No. 10/411, Atham House Amaravathi, Cochin 682 001

Defendants

Rekha S S (Age not specified years) Jagathy, Pankaj Nikunj, Pallichal Road, Toppumpadi PO, Kochi 682 005

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff seeks recovery of Rs.8,00,000/- along with interest.
Evidence:
In the result, suit is decreed with costs directing the defendant to pay an amount of Rs.8,00,000/-... till the date of its realization.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of settlement deed No.2895/2017 showing the agreement made regarding the property.
Reference:
Ext.A1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Original cheque No.235462 for Rs.8,00,000/- drawn on SBI Elamakkara Branch which was dishonored.
Reference:
Ext.A2
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Memorandum of cheque return issued by UCO Bank due to stop payment.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer notice demanding the unpaid amount of Rs.8,00,000/-.
Reference:
Ext.A4
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Original acknowledgment card signed by the defendant.
Reference:
Ext.A5
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Reply notice dated 04.04.2018 from the defendant.
Reference:
Ext.A6
Document Type: Receipt Draft Copy
Submitted By: Plaintiff
Relevance:
True copy of the draft receipt signed by the father of the plaintiff.
Reference:
Ext.A7

Quick Facts

Location
ERNAKULAM
Case Filed
Sun, 01/07/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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