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O.S No. 149/2025

Case between Nikhil N Asher vs Shibu J regarding conditional attachment

Court
The Court Of The Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2025-03-27
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Nikhil N Asher filed a petition against Shibu J for conditional attachment of property due to outstanding dues. The respondent contends that he does not owe the claimed amount and has filed his own suit for prohibitory injunction.

Judgment Outcome

Defendant Won
Interim Order
The petition for conditional attachment was dismissed as the court found insufficient grounds to grant such an order, considering the respondent's clear denial of the liability.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for conditional attachment was dismissed as the court found insufficient grounds to grant such an order, considering the respondent's clear denial of the liability.
Key Reasoning:
The respondent provided sufficient cause showing no grounds for the plaintiff's claims and denied any intention to alienate property.
Why Defendant Won:
The respondent provided sufficient cause showing no grounds for the plaintiff's claims and denied any intention to alienate property.
Supporting Evidence
The petitioner has not satisfied the conditions stipulated by the Hon’ble Apex Court in this judgment. The respondent has clearly denied the liability and also has made clear that there is no intention to alienate the property as contended in the petition.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Nikhil N Asher
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Shibu J
Party Age
51
Relation
S/o
Plaintiffs Documents
Ledger account produced as document No.1, advocate notice sent to defendant.
Defendants Documents
Reply notice received from the defendant.

Advocates

Party Role
Plaintiff
Advocate Name
P.G.Suresh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswathy Krishnan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sreerekha K.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Bilahari G.R
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Shefin N
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
The petition for conditional attachment before judgment was dismissed.
Evidence:
Hence, the petition is dismissed and the conditional order of attachment passed in this I.A dated 13.02.2025 is here be vacated.

Documents & Evidence

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 Nikhil N Asher vs Shibu J regarding conditional attachment
Case Code Year
Case between Nikhil N Asher vs Shibu J regarding conditional attachment

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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