Case Summary
The Secretary of Ozhur Service Co-Operative Bank filed a case against Aalungal Shihab and Aalungal Basheer for the execution of a decree. The court's order stated that since the respondent was reported abroad and not within the jurisdiction for arrest, the execution petition was closed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Execution petition closed
Case Type
Execution Petition
Final Judgment
No
The execution petition was closed by the court as the respondent was reported abroad and not within the jurisdiction for arrest.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Judgment Evidence:
Respondent reported abroad. Since the prayer is for arrest and detention respondent not in jurisdiction to proceed execution by arrest. Hence EP is closed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Secretary Ozhur Service Co-Operative Bank
- Party Role
- Defendant
- Party Name
- Aalungal Shihab
- Party Role
- Defendant
- Party Name
- Aalungal Basheer
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Advocate for Aalungal Shihab
- Appearance Type
- Unknown
- Party Role
- Defendant
- Advocate Name
- Advocate for Aalungal Basheer
- Appearance Type
- Unknown
Reliefs
Relief Type:
Execution Petition closed
Outcome:
Unknown
Description:
Closure of execution petition due to respondent being abroad and out of jurisdiction for arrest.
Evidence:
Respondent reported abroad. Since the prayer is for arrest and detention respondent not in jurisdiction to proceed execution by arrest. Hence EP is closed.
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Enforcement of Court Orders
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
EP
Case Code Year
2017
Case Flags
Arrest Involved