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E. P. 07/2023 in OS. No.190/2016

Case between Subeesh A K vs Aji T S regarding Execution of Decree

Court
IN THE COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Sumey Chandran.
Order Date
2025-07-26
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Subeesh A K filed an execution petition against Aji T S for the realization of a decree amount. Aji T S contends he lacks the means to pay the decree amount due to medical issues and limited income.

Judgment Outcome

Plaintiff Won
Interim Order
The court found that Aji T S has sufficient means to pay the decree amount and ordered his arrest and detention in Civil Prison for three months.
Judgment Favored
Plaintiff
Relief Granted
Warrant for realization of 5,73,687/- and order for arrest and detention of the judgment debtor.
Case Type
Execution Petition
Final Judgment
No
The court found that Aji T S has sufficient means to pay the decree amount and ordered his arrest and detention in Civil Prison for three months.
Why Plaintiff Won:
The judgment-debtor failed to prove inability to pay the decree amount.
Losing Side's Weaknesses:
The judgment-debtor failed to prove inability to pay the decree amount.
Supporting Evidence
The evidence presented by the decree-holder suggests that the judgment-debtor is engaged in income-generating activities and is not entirely without means.

Judgment Evidence:

In the result, hence, Judgment Debtor is ordered to be arrested detained in Civil Prison for a period of 3 month on payment require subsistence allowance.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Subeesh A K
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Aji T S
Party Age
45
Relation
S/o
Plaintiffs Documents
Nil
Defendants Documents
Discharge summary of Ajayakumar T S, Scanning report of Ajayakumar T S.

Advocates

Party Role
Plaintiff
Advocate Name
T V Eldho
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V G Sajeev Panicker
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The execution petition for recovery of an amount of 5,73,687/- is allowed.
Evidence:
Hence, it is find that Judgment Debtor has sufficient income to satisfy decree.
Relief Type: Imprisonment
Outcome: Granted
Description:
Judgment Debtor is ordered to be arrested and detained in Civil Prison for a period of 3 months.
Evidence:
Judgment Debtor is ordered to be arrested detained in Civil Prison for a period of 3 month on payment require subsistence allowance.

Documents & Evidence

Document Type: Discharge Summary
Submitted By: Defendant
Relevance:
Produced by the judgment-debtor to substantiate his medical condition.
Reference:
Ext.B1
Document Type: Scanning Report
Submitted By: Defendant
Relevance:
Produced by the judgment-debtor to support his claims of incapacitation.
Reference:
Ext.B2

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Subeesh A K vs Aji T S regarding Execution of Decree
Case Code Year
Case between Subeesh A K vs Aji T S regarding Execution of Decree

Case Flags

Imprisonment Involved
Arrest Involved
Imprisonment Duration
3 months

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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