Case between Kunnathunadu Taluk Housing Co-operative Society No. E-307 et al vs Abraham A P et al regarding execution of decree debt

Case Summary

Kunnathunadu Taluk Housing Co-operative Society No. E-307 filed an execution petition against Abraham A P and Molly for the realization of a decree debt. The judgment-debtor contended that he has no means to satisfy the decree but the court found sufficient evidence to support the decree-holder's claims.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the execution petition, confirming that the judgment-debtor has sufficient means to pay the decree debt. A warrant of arrest was issued against the judgment-debtor for failing to satisfy the decree.

Judgment Favored

Plaintiff

Relief Granted

Warrant of arrest shall be issued against the judgment-debtor and the decree-holder is permitted to proceed for realization of the decree debt of ₹2,78,450/- together with interest.

Case Type

Civil Suit

Final Judgment

No

The court allowed the execution petition, confirming that the judgment-debtor has sufficient means to pay the decree debt. A warrant of arrest was issued against the judgment-debtor for failing to satisfy the decree.

Why Plaintiff Won:
The judgment-debtor was found to have sufficient means and income to satisfy the decree debt.

Losing Side's Weaknesses:
The judgment-debtor was found to have sufficient means and income to satisfy the decree debt.

Supporting Evidence

The judgment-debtor has not produced any reliable material to substantiate his plea that he has no means to pay the decree amount. The mere assertion of inability, without any supporting evidence, is insufficient to rebut the evidence adduced by the decree-holder.

Judgment Evidence:

In the result, the execution petition is allowed as follows: Warrant of arrest shall be issued against the judgment-debtor. The decree-holder is permitted to proceed for realisation of the decree debt of ₹2,78,450/- together with interest thereon from 17-02-2022 till realisation, in accordance with law.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Kunnathunadu Taluk Housing Co-operative Society No. E-307
Relation: represented by its Secretary Clency Anto, Aged 54 years, W/o. Joy

Party Role: Defendant
Party Name: Abraham A P
Relation: S/o

Party Role: Defendant
Party Name: Molly
Relation: W/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: M G Sreekumar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Maitheen M Pareeth
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Granted

Description:

Warrant of arrest shall be issued against the judgment-debtor.

Evidence:

In the result, the execution petition is allowed as follows: Warrant of arrest shall be issued against the judgment-debtor.

Relief Type: Other

Outcome: Granted

Description:

The decree-holder is permitted to proceed for realization of the decree debt.

Evidence:

The decree-holder is permitted to proceed for realisation of the decree debt of ₹ 2,78,450/- (Rupees Two lakh seventy-eight thousand four hundred and fifty only) together with interest thereon from 17-02-2022 till realisation, in accordance with law.

Documents & Evidence

Document Type: Oral Evidence

Submitted By: Plaintiff

Relevance:

The decree-holder was examined as PW1 to establish the judgment-debtor's ability to pay the decree debt.

Reference:

Case Classification