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EP 98/2019

Case between The Secretary, Perumanna Klari Service Co-Operative Bank Ltd. vs Abdul Jaleel regarding execution of decree for payment

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-10-31
Duration
Case Code No.
98
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Secretary of Perumanna Klari Service Co-Operative Bank Ltd. filed execution petitions against Abdul Jaleel for non-compliance of a decree for payment of money. The court examined the financial means of the respondent but ultimately found that he did not have sufficient means to satisfy the decree debt.

Judgment Outcome

Defendant Won
Interim Order
The court found that the petitioner failed to prove that the respondent had the means to pay the decree debt. Hence, the petitions asking for the respondent's arrest and detention were dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The court found that the petitioner failed to prove that the respondent had the means to pay the decree debt. Hence, the petitions asking for the respondent's arrest and detention were dismissed.
Key Reasoning:
The petitioner did not provide sufficient evidence to show that the respondent had means to pay the decree debt.
Why Defendant Won:
Not available
Supporting Evidence
The evidence adduced by the petitioner did not show that the respondent has got sufficient means to pay the decree debt.

Judgment Evidence:

In the result, means of the respondent is not proved. Hence, the petitions are dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Secretary, Perumanna Klari Service Co-Operative Bank Ltd.
Party Role
Defendant
Party Name
Abdul Jaleel
Relation
S/o
Plaintiffs Documents
Loan application dated 12-03-2009
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C.P.Jamshid Rahman
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Shabu.M.T.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
Petitioner sought to arrest the respondent in civil prison for non-compliance with the decree.
Evidence:
Therefore, I am of the view that the petitioner has failed to prove that the respondent is having sufficient means to pay of the decree debt and he wilfully neglected to pay the same.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
These are the loan applications submitted by the respondent before the Bank.
Reference:
Ext.A1, Ext.A2
Document Type: Oral Evidence
Submitted By: Oral evidence
Relevance:
The petitioner testified regarding the respondent's means to pay the decree debt.
Reference:

Case Classification

Case Type
Execution Petition
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
EP
Case Code Year
2019

Case Flags

Imprisonment Involved
Arrest Involved

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Tue, 10/01/2019 - 12:00
To
Thu, 10/31/2019 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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