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O.S. No.396/2019

Case between Vinu vs Rajamony et al regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-03-27
Duration
approximately-4 years 6 months
Case Closed
Wed, 03/27/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, Vinu, filed a suit against the defendants Rajamony and Celi Jacob for the realization of money related to a property sale. The case involves the plaintiff's claim to recover an amount paid to the second defendant based on previous agreements.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, directing the first defendant to pay an amount of Rs. 6,50,000 along with interest. The plaintiff is also entitled to realize the costs of the suit from the first defendant.
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 6,50,000 along with interest from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the first defendant to pay an amount of Rs. 6,50,000 along with interest. The plaintiff is also entitled to realize the costs of the suit from the first defendant.
Why Plaintiff Won:
The plaintiff established a case for recovery of the money based on unfulfilled agreements by the defendants.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of the money based on unfulfilled agreements by the defendants.
Supporting Evidence
On perusal of the plaint, proof affidavit, and documents produced, I am of the view that plaintiff has established a case and is entitled to realize an amount of 6,50,000 with interest from 1st defendant.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1)1st defendant shall pay Rs. 6,50,000 along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vinu
Party Age
37
Relation
D/o
Party Role
Defendant
Party Name
Rajamony
Party Age
67
Relation
D/o
Party Role
Defendant
Party Name
Celi Jacob
Party Age
64
Relation
W/o
Plaintiffs Documents
Certified copy of the Sale Deed No. 3659/2012 of SRO, Maradu; Certified copy of E.A. No. 548/2018 in EA No. 499/2014 in EP No. 5/2012; Certified copy of the order in E.A. No. 548/2018 in EA No. 499/2014 in EP No. 5/2012; Certified copy of the Order in EP No. 5/2012.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V. Shankar
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs. 6,50,000 with interest from the 1st defendant.
Evidence:
Plaintiff has established a case and is entitled to realize an amount of 6,50,000 with interest from 1st defendant.
Relief Type: Interest
Outcome: Granted
Description:
1st defendant is directed to pay interest at the rate of 12% from the date of suit till the date of decree.
Evidence:
1st defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to realize costs of the suit from the 1st defendant.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from 1st defendant.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Plaintiff purchased a schedule property as per this sale deed.
Reference:
Ext.A1
Document Type: Certified Copy of E.A.
Submitted By: Plaintiff
Relevance:
This document is related to the execution application in the prior case.
Reference:
Ext.A2
Document Type: Order in E.A.
Submitted By: Plaintiff
Relevance:
This order pertains to the execution application in the prior case.
Reference:
Ext.A3
Document Type: Order in EP
Submitted By: Plaintiff
Relevance:
This order is related to the execution proceedings of the prior case.
Reference:
Ext.A4

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 Vinu vs Rajamony et al regarding realization of money
Case Code Year
Case between Vinu vs Rajamony et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/27/2019 - 12:00
Case Closed
Wed, 03/27/2024 - 12:00
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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