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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

Judgement document from eCourt website

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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
Key Reasoning:
The petitioner did not provide sufficient evidence to show that the respondent had 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

Plaintiffs

The Secretary, Perumanna Klari Service Co-Operative Bank Ltd. (Age not specified years) No.F.770, Perumanna Klari amsom desom, Decree Holder, Tirur Taluk

Defendants

Abdul Jaleel (Age not specified years) Thykkadan Veedu, Perumanna amsom Klari desom, Tirur Taluk, P.O. Valakkulam, Pin – 676 508

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:

Quick Facts

Location
Tirur Taluk
Case Filed
Outcome Confidence
85%

Involved Entities

Bank

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