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
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.
The petitioner did not provide sufficient evidence to show that the respondent had means to pay the decree debt.
Why Defendant Won:
Not available
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