Case Summary
The petitioner, a cooperative bank, filed a petition for the execution of a money decree by arresting and detaining the judgment debtors due to non-payment. The respondents denied having means to pay the debt, leading to a court inquiry.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Arrest and detention of judgment debtors
Case Type
Execution Petition - Money Decree
Final Judgment
No
Why Plaintiff Won:
The petitioner provided evidence showing that the respondent had sufficient means to pay the decree debt, while the respondent failed to prove otherwise.
The petitioner provided evidence showing that the respondent had sufficient means to pay the decree debt, while the respondent failed to prove otherwise.
Judgment Evidence:
In the result, the petition is allowed. Issue arrest warrant against the respondent. The petitioner shall deposit necessary batta within 3 days.
Parties Involved
Plaintiffs
The Secretary, Perumanna Klari Service Co-Operative Bank Ltd. (Age not specified years)
Perumanna Klari amsom desom, Tirur Taluk
Defendants
Koru Molokkil (Age not specified years)
Perumanna amsom Klari desom, Palachiramadu, Edarikode, Tirur Taluk
Saidalavi Kulambil (Age not specified years)
Perumanna amsom Klari desom, Palachiramadu, Edarikode, Tirur Taluk
Ali Akbar Kalathingal (Age not specified years)
Perumanna amsom Klari desom, Palachiramadu, Edarikode, Tirur Taluk
Reliefs
Relief Type:
Arrest and detention of judgment debtors
Outcome:
Granted
Description:
Execution of decree by arrest and detention
Evidence:
The petitioner provided evidence showing that the respondent had sufficient means to pay the decree debt, while the respondent failed to prove otherwise.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application showed prima facie evidence of the first respondent's assets and income.
Reference:
Ext.A1