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O.S. No. 331/2019

Case between Sunil vs Antony et al regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. Reeja R. Nair
Order Date
2025-09-25
Duration
approximately-6 years 6 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Sunil, a businessman, is seeking to recover money from Antony and his legal heirs for a contract breach regarding land leveling work. The plaintiff states that he paid Rs.2,55,000 to the defendant, who failed to complete the work and did not return the money.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing him to recover Rs.4,84,437 along with interest and costs from the defendants.
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.4,84,437 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully established his claim through unrebutted evidence.

Judgment Evidence:

In the result, suit is decreed as follows; 1.The plaintiffs are entitled to realize an amount of Rs.4,84,437/- from the 2nd and 3rd defendants and from their assets.

Parties Involved

Plaintiffs

Sunil (37 years years) Pandaraparambil house, No: 49/1772 G Perumanathazham Road, Ponekkara, Ernakulam District. Pin- 682041

Defendants

Antony (63 years years) Thottakathu House, Kadamakudy Village, Kothadu Desom, Kanayannur Taluk, Ernakulam District, Pin 682027 Annie Antony (63 years years) Thottakathu House, Kadamakudy Village, Kothadu Desom, Kanayannur Taluk, Ernakulam District, Pin 682027 Varun Antony (18 years years) Thottakathu House, Kadamakudy Village, Kothadu Desom, Kanayannur Taluk, Ernakulam District, Pin 682027

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize an amount of Rs.4,84,437/- from the 2nd and 3rd defendants.
Evidence:
In the result, suit is decreed as follows; 1.The plaintiffs are entitled to realize an amount of Rs.4,84,437/- (Rupees Four Lakh Eighty Four Thousand Four Hundred and Thirty Seven only) from the 2nd and 3rd defendants and from their assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.4,84,437/- from the date of suit till date decree.
Evidence:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.4,84,437/- (Rupees Four Lakh Eighty Four Thousand Four Hundred and Thirty Seven only) from the date of suit till date decree.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.4,84,437/- from date of decree till date of realization.
Evidence:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.4,84,437/- (Rupees Four Lakh Eighty Four Thousand Four Hundred and Thirty Seven only) from date of decree till date of realization.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize costs of the suit from the 2nd and 3rd defendants.
Evidence:
The plaintiffs are entitled to realize costs of the suit from the 2nd and 3rd defendants and from their assets.

Documents & Evidence

Document Type: Original agreement
Submitted By: Plaintiff
Relevance:
This document is the original agreement dated 06.12.2014, which was relied upon by the court to establish the defendant's obligation to fill the land.
Reference:
Ext.A1
Document Type: Original agreement
Submitted By: Plaintiff
Relevance:
This document is the original agreement dated 08.05.2017 where the defendant acknowledged liability to repay the amount.
Reference:
Ext.A2
Document Type: Copy of Lawyer's notice
Submitted By: Plaintiff
Relevance:
This document is the copy of the lawyer's notice dated 12.11.2018 issued by the plaintiff to demand repayment.
Reference:
Ext.A3
Document Type: Original acknowledgment card
Submitted By: Plaintiff
Relevance:
This document is the original acknowledgment card, which confirmed receipt of the notice by the defendant.
Reference:
Ext.A4

Quick Facts

Location
Ernakulam
Case Filed
Mon, 03/11/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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