Case Summary
Petition for execution of award against judgment debtors, seeking the arrest of respondents, but unsuccessful due to unavailability of respondents at their address.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary closure of the execution petition
Case Type
Execution Petition
Final Judgment
No
The petition for execution is closed temporarily due to unavailability of the respondents at their address with liberty for the petitioner to revive the same when the respondents become available within the jurisdiction.
Why Plaintiff Won:
Respondents were not found at their address despite repeated attempts by the decree holder and police, rendering further repetition of arrest warrants futile.
Respondents were not found at their address despite repeated attempts by the decree holder and police, rendering further repetition of arrest warrants futile.
Losing Side's Weaknesses:
Respondents were not found at their address despite repeated attempts by the decree holder and police, rendering further repetition of arrest warrants futile.
Respondents were not found at their address despite repeated attempts by the decree holder and police, rendering further repetition of arrest warrants futile.
Supporting Evidence
Assistance rendered by decree holder is not culminated in arresting the Respondents. This would show that the respondents are not available in their address. Therefore, repetition of arrest warrant will not serve any purpose.
Judgment Evidence:
In the result, the above petition is closed for time being with liberty to the petitioner to revive the same as and when the respondents available in the jurisdiction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Secretary, Thennala Service Co-Operative Bank Ltd.
- Party Role
- Defendant
- Party Name
- Sureshbabu.M.K.
- Relation
- S/o. Krishnan
- Party Role
- Defendant
- Party Name
- Mohanan
- Relation
- S/o. Chathutti
- Party Role
- Defendant
- Party Name
- Abdul Majeed.E.P.
- Relation
- S/o Saidalavi
Plaintiffs Documents
Array
Defendants Documents
Array
Advocates
Reliefs
Relief Type:
Temporary closure of the execution petition
Outcome:
Granted
Description:
Temporary closure due to unavailability of respondents at their address
Evidence:
The application is one for execution of award, dated 19.01.2012 under O. XXI R. 37 & 38 of the Civil procedure Code.
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
Case between Secretary, Thennala Service Co-Operative Bank Ltd. vs Sureshbabu et al regarding execution of award
Case Code Year
Case between Secretary, Thennala Service Co-Operative Bank Ltd. vs Sureshbabu et al regarding execution of award
Case Flags
Arrest Involved