Case Summary
This case involves Shwas Homes Pvt. Ltd. suing Varghese Joy for the realization of money. Varghese Joy filed a petition to lift the interim attachment of his apartment due to a previous suit dismissal.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Property attached as per order in IA 4437/2012 dated 21.07.2012 is released from attachment.
Case Type
Civil Suit
Final Judgment
No
The court allowed Varghese Joy's petition to lift the attachment on his property due to the dismissal of the original suit. The court found that the previous attachment was no longer valid.
Why Plaintiff Won:
The court found that the attachment was no longer valid due to the dismissal of the original suit.
The court found that the attachment was no longer valid due to the dismissal of the original suit.
Losing Side's Weaknesses:
Not available
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: Property attached as per order in IA 4437/2012 dated 21.07.2012 is released from attachment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shwas Homes Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Varghese Joy
- Party Age
- 63
- Relation
- S/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:
Lift the order of interim attachment of schedule property.
Evidence:
Satisfied that petition has merits. Hence petition is allowed in the interest of justice.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
The order of interim attachment of the schedule property was lifted.
Reference:
IA 4437/2012
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 Varghese Joy regarding lifting of attachment
Case Code Year
Case between Shwas Homes Pvt. Ltd. vs Varghese Joy regarding lifting of attachment