Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
E.P. No. 158/2023 in O.S 713/2022

Case between Jose vs Saju.P.S regarding enforcement of compromise decree

Court
Munsiff Court, Kottayam
Judge
Smt.Indu.P.Raj
Order Date
2026-04-08
Duration
Case Closed
Wed, 04/08/2026 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Jose, the decree holder, filed an Execution Petition against Saju.P.S, the judgment debtor, alleging violations of a compromise decree. The court found that the decree holder failed to prove willful disobedience by the judgment debtor.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the Execution Petition, allowing the judgment debtor to carry out work per the compromise decree.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The court dismissed the Execution Petition, allowing the judgment debtor to carry out work per the compromise decree.
Key Reasoning:
Decree holder failed to establish willful disobedience of the compromise decree.
Why Defendant Won:
Decree holder failed to establish willful disobedience of the compromise decree.
Supporting Evidence
The decree holder has failed to establish wilful disobedience or violation of the compromise decree by the judgment debtor.

Judgment Evidence:

In the result, The Execution Petition is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jose
Party Age
67
Relation
S/o
Party Role
Defendant
Party Name
Saju.P.S
Party Age
60
Relation
S/o
Plaintiffs Documents
Ext. A1 Report of Assistant Engineer, Panachikkad Grama Panchayat
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv. Shaji Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. C.A. Jose
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
The Execution Petition was dismissed.
Evidence:
In view of the above discussion, this Court finds that the decree holder has failed to establish wilful disobedience or violation of the compromise decree by the judgment debtor. The Execution Petition is therefore liable to be dismissed.

Documents & Evidence

Document Type: Report of Assistant Engineer
Submitted By: Plaintiff
Relevance:
This report was relied upon by the decree holder to establish damage to the wall.
Reference:
Ext.A1

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Jose vs Saju.P.S regarding enforcement of compromise decree
Case Code Year
Case between Jose vs Saju.P.S regarding enforcement of compromise decree

Quick Facts

Location
Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sat, 01/01/2022 - 12:00
Case Closed
Wed, 04/08/2026 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Balakrishan V vs Sigs Tech Marketing Pvt Ltd et al regarding Execution Petition
Munsiff's Court, Kottayam
Execution Petition Defendant Won
Case between Rajeevan N vs Sigs Tech Marketing Pvt. Ltd. et al regarding Execution Petition
Munsiff Court
Execution Petition Defendant Won
Case between Reshmitha M vs Sigs Tech Marketing Pvt Ltd et al regarding Execution Petition
Court of the Munsiff, Kottayam
Execution Petition Defendant Won
Case between Chandrasekharan P vs Sigs Tech Marketing Pvt Ltd et al regarding execution petition.
Court of the Munsiff, Kottayam
Execution Petition Defendant Won
Case between Chandrasekharan P vs Sigs Tech Marketing Pvt Ltd et al regarding Execution Petition
Principal Munsiff's Court
Execution Petition Defendant Won