Case Summary
The petitioner Sajida is seeking recovery of a sum of Rs. 3,80,205/- from the respondent Muhammed Sadiq. The case involves a sale agreement and allegations of the respondent not performing his part of the contract.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim attachment of the property for an amount of Rs. 3,80,205/-
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for an interim attachment of the property in question. The property will be attached for the amount claimed by the petitioner.
Why Plaintiff Won:
The court considered the apprehension of the petitioner about the respondent potentially alienating the property.
The court considered the apprehension of the petitioner about the respondent potentially alienating the property.
Losing Side's Weaknesses:
The court considered the apprehension of the petitioner about the respondent potentially alienating the property.
The court considered the apprehension of the petitioner about the respondent potentially alienating the property.
Supporting Evidence
This court is of the view that if an attachment order before judgment is not passed, then the petitioner won’t be able to enjoy the fruits of the decree that may be passed in her favour.
Judgment Evidence:
In the result, the petition is allowed as follows: 1. An interim attachment is ordered and the petition schedule property is attached for an amount of Rs.3,80,205/- (Rupees Three Lakhs Eighty Thousand Two Hundred and Five only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajida
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Muhammed Sadiq
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Maranadu G. Krishna Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Semeen. N. Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Interim attachment of the petition schedule property for an amount of Rs.3,80,205/-.
Evidence:
An interim attachment is ordered and the petition schedule property is attached for an amount of Rs.3,80,205/- (Rupees Three Lakhs Eighty Thousand Two Hundred and Five only).
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Court
Relevance:
The court referred to the sale agreement to determine the validity of the claims made by both parties.
Reference:
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
The affidavit outlines the petitioner's claim for recovery of the amount and the relevant facts of the case.
Reference:
Document Type:
Objection
Submitted By:
Defendant
Relevance:
The objection filed by the respondent against the petition and its claims.
Reference:
Document Type:
Court Order
Submitted By:
Court
Relevance:
The court issued orders regarding interim attachment and communication to concerned offices.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Failure to execute sale agreement
Case Code
Case between Sajida vs Muhammed Sadiq regarding recovery of a sum of Rs. 3,80,205/-
Case Code Year
Case between Sajida vs Muhammed Sadiq regarding recovery of a sum of Rs. 3,80,205/-