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O.S. No. 602/2012

Case between Shwas Homes Pvt. Ltd. vs Jose Thomas et al regarding lifting of attachment

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-12-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Shwas Homes Pvt. Ltd. is the plaintiff seeking realization of money from the defendants, Jose Thomas and Lovely Antony. The defendants filed a petition to lift the interim attachment of a property.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to lift the order of attachment since the original suit was dismissed and the attachment was no longer valid. The court communicated the order for lifting the attachment to the relevant offices.
Judgment Favored
Plaintiff
Relief Granted
Order lifting attachment communicated to Tripunithura sub registry office and village office Nadama.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to lift the order of attachment since the original suit was dismissed and the attachment was no longer valid. The court communicated the order for lifting the attachment to the relevant offices.
Why Plaintiff Won:
The suit was dismissed, hence the order of attachment was no longer applicable.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Satisfied from the proceedings that suit is dismissed and hence order of attachment also does not exist now.

Judgment Evidence:

In the result, the above petition is allowed on the following terms: 1) Property attached as per order in IA 4388/2012 dated 21.07.2012 is released from attachment.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shwas Homes Pvt. Ltd.
Relation
represented by its Director
Party Role
Defendant
Party Name
Jose Thomas
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Lovely Antony
Party Age
54
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Abraham P George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Balagopalan A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
R Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M N Manmadan
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Lifting of the interim attachment of property.
Evidence:
Hence petition is allowed in the interest of justice.

Documents & Evidence

Document Type: Interim Attachment Order
Submitted By: Court
Relevance:
The court lifted the interim attachment of the schedule property as per the earlier order in IA 4388/2012.
Reference:
IA 4388/2012

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shwas Homes Pvt. Ltd. vs Jose Thomas et al regarding lifting of attachment
Case Code Year
Case between Shwas Homes Pvt. Ltd. vs Jose Thomas et al regarding lifting of attachment

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 12/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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