Case Summary
The petitioner, Edarikode Service Co-Operative Bank, filed a petition for the execution of a money decree by arresting and detaining the respondents in the civil prison for non-payment of the decree debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Arrest and Detention for non-payment of decree debt
Case Type
Execution Petition - Arrest and Detention
Final Judgment
No
The court granted the petition and issued an arrest warrant against the respondents for the non-payment of the decree debt.
Why Plaintiff Won:
Petitioner provided evidence to show that the respondents had sufficient means to pay the decree debt and willfully neglected to do so.
Petitioner provided evidence to show that the respondents had sufficient means to pay the decree debt and willfully neglected to do so.
Losing Side's Weaknesses:
Petitioner provided evidence to show that the respondents had sufficient means to pay the decree debt and willfully neglected to do so.
Petitioner provided evidence to show that the respondents had sufficient means to pay the decree debt and willfully neglected to do so.
Supporting Evidence
The petitioner provided evidence that the respondents had the means to pay substantial portion of the decree debt but neglected to do so.
Judgment Evidence:
In the result, the petition is allowed. Issue arrest warrant against the respondents. The petitioner shall deposit necessary batta within 7 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Secretary, Edarikode Service Co-Operative Bank
- Party Role
- Defendant
- Party Name
- Manthadathil Shaji
- Party Age
- 40
- Relation
- S/o Muhammedali
- Party Role
- Defendant
- Party Name
- Kozhisseri Subair
- Party Age
- 48
- Relation
- S/o Abdurahman
- Party Role
- Defendant
- Party Name
- Paredath kunarakkal Marakkar
- Party Age
- 60
- Relation
- S/o Chekku
Plaintiffs Documents
Residential/Ownership Certificates dated 14-7-2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.P.Basheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Najmudheen.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Arrest and Detention
Outcome:
Granted
Description:
Arrest and Detention of the respondents for non-payment of decree debt
Evidence:
In the result, the petition is allowed. Issue arrest warrant against the respondents. The petitioner shall deposit necessary batta within 7 days.
Documents & Evidence
Document Type:
Residential/Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Showed details of property owned and possessed by the respondents
Reference:
A1 - 14-7-2017
Document Type:
Residential/Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Provided further details of property owned and possessed by the respondents
Reference:
A2 - 14-7-2017
Case Classification
Case Type
Execution Petition - Arrest and Detention
Category
Enforcement of Court Orders
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Secretary, Edarikode Service Co-Operative Bank vs Manthadathil Shaji et al regarding execution of money decree
Case Code Year
Case between Secretary, Edarikode Service Co-Operative Bank vs Manthadathil Shaji et al regarding execution of money decree
Case Flags
Imprisonment Involved
Arrest Involved