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O.S. No. 317/2023

Case between Shameem Kharim vs Sudishkumar.M.S regarding realization of money.

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi K Dinamany
Order Date
2024-06-19
Duration
Case Closed
Wed, 06/19/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Shameem Kharim filed a suit against Sudishkumar.M.S for the recovery of Rs.10,00,000/- paid as advance for a property sale agreement. The defendant failed to comply with the agreement terms and did not return the advance amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.10,00,000/- along with interest. The plaintiff is also entitled to recover the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.10,00,000/- along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.10,00,000/- along with interest. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff established a case by proving the advance payment and the breach of agreement by the defendant.
Losing Side's Weaknesses:
The plaintiff established a case by proving the advance payment and the breach of agreement by the defendant.
Supporting Evidence
On perusal of the proof affidavit and documents produced, which remain unchallenged, I am of the view that plaintiff has established a case and is entitled to realize an amount of Rs.10,00,000/-with interest from the defendant.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendants shall pay Rs.10,00,000/- (Rupees Ten lakhs only) along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shameem Kharim
Party Age
54
Relation
W/o
Party Role
Defendant
Party Name
Sudishkumar.M.S
Party Age
51
Relation
S/o
Plaintiffs Documents
Copy of Sale agreement dated 29.12.2021, Copy of title deed of defendant dated 07.12.2002, Copy of complaint filed before Kalamassery Police Station dated 11.10.2022, Copy of lawyers notice dated 27.06.2022.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Dhanesh Kumar.K.S
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants shall pay Rs.10,00,000/- along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization.
Evidence:
Defendants shall pay Rs.10,00,000/- (Rupees Ten lakhs only) along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
Shows that on 21.12.2021, plaintiff and defendant entered into an agreement for sale for a total consideration of Rs.1,12,50,000/-.
Reference:
Ext.A1
Document Type: Title deed
Submitted By: Plaintiff
Relevance:
Is the copy of title deed of defendant dated 07.12.2002.
Reference:
Ext.A2
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Is the copy of complaint against defendant dated 11.10.2022 filed by plaintiff before Kalamasherry police station.
Reference:
Ext.A3
Document Type: Lawyers notice
Submitted By: Plaintiff
Relevance:
Is the copy of lawyers notice dated 27.06.2022.
Reference:
Ext.A4

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Breach of agreement
Case Code
Case between Shameem Kharim vs Sudishkumar.M.S regarding realization of money.
Case Code Year
Case between Shameem Kharim vs Sudishkumar.M.S regarding realization of money.

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 12/29/2021 - 12:00
Case Closed
Wed, 06/19/2024 - 12:00
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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