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EXECUTION PETITION No. 195 OF 2018

Case between The Secretary, Kalpakanchery Service Co-Operative Bank Society LTD. vs Chenganakkattil Marakkar regarding execution of decree

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-09
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition for execution of a decree by arrest and detention of the respondent for non-compliance with a payment decree. The petitioner claims the respondent has sufficient means to pay the decree debt but is willfully neglecting to do so.

Judgment Outcome

Plaintiff Won
Interim Order
The court found that the respondent has sufficient means to pay the decree debt and willfully neglected to do so. An arrest warrant was issued against the respondent for non-compliance.
Judgment Favored
Plaintiff
Relief Granted
Issue Arrest Warrant against the respondent.
Case Type
Execution Petition
Final Judgment
No
The court found that the respondent has sufficient means to pay the decree debt and willfully neglected to do so. An arrest warrant was issued against the respondent for non-compliance.
Why Plaintiff Won:
The petitioner proved the respondent has sufficient means to pay the decree debt.
Losing Side's Weaknesses:
The petitioner proved the respondent has sufficient means to pay the decree debt.
Supporting Evidence
The evidence adduced by the petitioner shows that the respondent has got sufficient means to pay the decree debt and he willfully neglected to pay the same.

Judgment Evidence:

In the result, means of the respondent is proved. Issue Arrest Warrant against the respondent.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Secretary, Kalpakanchery Service Co-Operative Bank Society LTD.
Party Role
Defendant
Party Name
Chenganakkattil Marakkar
Relation
S/o
Plaintiffs Documents
Jenam Assignment Deed No. A1 dated 18-9-2001
Defendants Documents
Prescription documents B1 to B8.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.K.Moosakutty
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Abdul Vahab.V.
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petitioner requested the arrest and detention of the respondent in civil prison for non-compliance with the decree.
Evidence:
Therefore, the point is found in favour of the petitioner. In the result, means of the respondent is proved. Issue Arrest Warrant against the respondent.

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
This document establishes the ownership of the property and supports the petitioner's claim that the respondent has sufficient means to pay the decree debt.
Reference:
Ext.A1
Document Type: Prescription
Submitted By: Defendant
Relevance:
These documents were presented by the respondent to support his claim of suffering from ailments and lack of means.
Reference:
Ext.B1 to B8

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between The Secretary, Kalpakanchery Service Co-Operative Bank Society LTD. vs Chenganakkattil Marakkar regarding execution of decree
Case Code Year
Case between The Secretary, Kalpakanchery Service Co-Operative Bank Society LTD. vs Chenganakkattil Marakkar regarding execution of decree

Case Flags

Imprisonment Involved
Arrest Involved

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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