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E.A No. 791/2025

Case between Rizwana vs Joseph Martin regarding execution of an order under the Rent Control Act

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-09-22
Duration
approximately-8 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Rizwana, the judgment debtor, filed a petition to defer the delivery order pending a decision on the maintainability of the execution petition. Joseph Martin, the decree holder, opposed the petition.

Judgment Outcome

Defendant Won
Interim Order
The petition filed by the judgment debtor to defer delivery has been dismissed. The execution petition is deemed maintainable.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The petition filed by the judgment debtor to defer delivery has been dismissed. The execution petition is deemed maintainable.
Key Reasoning:
The execution petition is maintainable as per the findings of the court.
Why Defendant Won:
The execution petition is maintainable as per the findings of the court.
Supporting Evidence
The contentions taken up by the judgment debtor is found to be without merits. The execution petition as is filed now is found to be maintainable and the challenge to its maintainability raised by the additional objection filed is found to be without merits.

Judgment Evidence:

In the result, the petition is dismissed. The execution petition as is filed now is found to be maintainable and the challenge to its maintainability raised by the additional objection filed is found to be without merits.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rizwana
Party Age
38
Relation
W/o
Party Role
Defendant
Party Name
Joseph Martin
Party Age
58
Relation
S/o
Plaintiffs Documents
Defendants Documents
Certified copy of Judgment in RCA 6/25 dated 02.08.2025, Certified copy of Judgment in RCREV 214/25 dated 18.09.2025

Advocates

Party Role
Plaintiff
Advocate Name
Sibi Karun
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
R. Rajesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Basil Mathew
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ninan John
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sanjana Sara Varghese Annie
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ajay Krishna
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rose Maria Johnson
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arya A. R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anjitha Jobi
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Request to defer the order of delivery until the court renders a finding on the maintainability of the execution petition.
Evidence:
The petition is therefore dismissed and the sole point is found as against the judgment debtor.

Documents & Evidence

Document Type: Certified Copy of Judgment
Submitted By: Defendant
Relevance:
This document is referenced in the judgment to support the arguments regarding the maintainability of the execution petition.
Reference:
Ext B1
Document Type: Certified Copy of Judgment
Submitted By: Defendant
Relevance:
This document is referenced to illustrate the outcome of the revision filed before the Hon'ble High Court.
Reference:
Ext B2

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rizwana vs Joseph Martin regarding execution of an order under the Rent Control Act
Case Code Year
Case between Rizwana vs Joseph Martin regarding execution of an order under the Rent Control Act

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/22/2025 - 12:00
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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