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
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.
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.
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