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
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.
Judgment Evidence:
In the result, means of the respondent is proved. Issue Arrest Warrant against the respondent.
Parties Involved
Plaintiffs
The Secretary, Kalpakanchery Service Co-Operative Bank Society LTD. (Age not specified years)
No.M-1808, Kalpakanchery.P.O.
Defendants
Chenganakkattil Marakkar (Age not specified years)
Kallingal Thanneerchal, Kalpakanchery amsom desom, P.O.Kalpakanchery, Tirur Taluk.
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