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O.S. No. 1007 /20 23

Case between Vidyarthadayini Sabha et al vs Deepa Sojan et al regarding realization of money

Court
II Additional Munsiff Court
Judge
Smt. Needi. K. Dinamany
Order Date
2024-06-19
Duration
approximately-5 months
Case Closed
Wed, 06/19/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Vidyarthadayini Sabha seeking to recover money from the defendants, Deepa Sojan and Sojan, for defaults on chitty agreements. The defendants failed to appear in court and were set exparte.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, allowing them to recover Rs. 4,42,500/- with interest from the defendants. The defendants are also liable for the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Rs.4,42,500/- along with interest @12% per annum from the date of suit till the date of decree
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover Rs. 4,42,500/- with interest from the defendants. The defendants are also liable for the costs of the suit.
Why Plaintiff Won:
Plaintiff established a case for recovery under valid agreements and demonstrated the defendants' defaults.
Losing Side's Weaknesses:
Plaintiff established a case for recovery under valid agreements and demonstrated the defendants' defaults.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,42,500 /- with interest from defendants.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.4,42,500 /- (Rupees Four lakhs forty two thousand five hundred only) along with interest @12% per annum from the date of suit till the date of decree...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vidyarthadayini Sabha
Relation
Represented by its President, Vinaya kumar
Party Role
Plaintiff
Party Name
Vidyarthadayini Sabha
Party Age
61
Relation
Represented by its Secretary, Radhakrishnan
Party Role
Plaintiff
Party Name
Vidyarthadayini Sabha
Party Age
61
Relation
Represented by its Treasurer, Dinamani
Party Role
Defendant
Party Name
Deepa Sojan
Party Age
45
Relation
W/o Sojan
Party Role
Defendant
Party Name
Sojan
Party Age
48
Relation
S/o Damodaran
Plaintiffs Documents
Certified copy of chit agreement dated 07.08.2013, Certified copy of chit agreement dated 17.04.2014, Certified copy of deed No.1082/2013 of Mulamthuruthy SRO, Copies of confirmation letters given by defendants, Copy of lawyer notice issued to the defendants.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M.V.Jessy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amala Purushothaman
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Denny Joseph
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants shall pay Rs.4,42,500/- along with interest @12% per annum from the date of suit till the date of decree.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,42,500 /- (Rupees Four lakhs forty two thousand five hundred only) along with interest @12% per annum from the date of suit till the date of decree
Relief Type: Other
Outcome: Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
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: Chit Agreement
Submitted By: Plaintiff
Relevance:
Certified copy of the chit agreement dated 07.08.2013.
Reference:
Ext.A1
Document Type: Chit Agreement
Submitted By: Plaintiff
Relevance:
Certified copy of the chit agreement dated 17.04.2014.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of deed No.1082/2013 of Mulamthuruthy SRO, which is deposited with the plaintiff institution.
Reference:
Ext.A3
Document Type: Confirmation letter
Submitted By: Plaintiff
Relevance:
Copy of confirmation letter given by the defendants to the plaintiff – sabha of depositing the title deed.
Reference:
Ext.A4
Document Type: Confirmation letter
Submitted By: Plaintiff
Relevance:
Copy of confirmation letter given by the defendants to the plaintiff – sabha of depositing the title deed.
Reference:
Ext.A4(a)
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer notice bearing reference No.53/2019 issued to defendants.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer notice bearing reference No.52/2019.
Reference:
Ext.A5(a)
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Copy of acknowledgment card signed by 1st defendant.
Reference:
Ext.A6
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Copy of acknowledgment card signed by 1st defendant.
Reference:
Ext.A6(a)
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Copy of acknowledgment card signed by 2nd defendant.
Reference:
Ext.A7
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Copy of acknowledgment card signed by 2nd defendant.
Reference:
Ext.A7(a)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Secretary of plaintiff - Sabha was examined as PW1.
Reference:

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Vidyarthadayini Sabha et al vs Deepa Sojan et al regarding realization of money
Case Code Year
Case between Vidyarthadayini Sabha et al vs Deepa Sojan et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 06/06/2023 - 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
90%

Involved Entities

Private Individual

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