Execution Petition No. 353 of 2015

Case between The Secretary, Perumanna Clari Service Co-operative Bank Ltd vs Mohammed Rafeeque Naduvath et al regarding default in payment

Court

Court of the Munsiff of Tirur

Judge

Smt. Vincy.T.V., B.A., LL.B., Munsiff

Order Date

2016-11-07

Duration

About 1 year

Case Closed

Mon, 11/07/2016 - 12:00

Judgement document from eCourt website

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Case Summary

The Perumanna Clari Service Co-operative Bank filed an execution petition against the judgment debtors for defaulting in payment under order 21 Rule 37, 38 of the Code of Civil Procedure.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the execution petition filed by the bank due to the default of the respondents in submitting the required deposit.

Judgment Favored

Defendant

Relief Granted

Execution petition dismissed for default

Case Type

Application under Code of Civil Procedure

Final Judgment

The court dismissed the execution petition filed by the bank due to the default of the respondents in submitting the required deposit.

Key Reasoning:
Reason not clearly mentioned

Why Defendant Won:
Reason not clearly mentioned

Supporting Evidence

Judgment Evidence:

No batta seen deposited even after repeatedly given opportunity for depositing the same. Hence EP is dismissed for default.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: The Secretary, Perumanna Clari Service Co-operative Bank Ltd

Party Role: Defendant
Party Name: Mohammed Rafeeque Naduvath
Party Age: 35
Relation: S/o Alavi

Party Role: Defendant
Party Name: Alavi Naduvath
Party Age: 56
Relation: S/o Mohamed

Plaintiffs Documents

Defendants Documents

Advocates

Reliefs

Relief Type: Execution Petition Dismissal

Outcome: Dismissed

Description: