Case Summary
The case involves Sajimon.K.A. and Aniyappan as judgment debtors and P.M.John as the decree holder. The petitioners are seeking permission to pay the remaining decree amount in monthly instalments due to financial hardships caused by the Covid-19 pandemic.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Application
Final Judgment
No
The Execution Application is dismissed with costs. The court found no justification to grant further indulgence by way of instalment payment.
Key Reasoning:
The judgment debtors did not show any bona fide attempt to clear the liability within a reasonable period.
The judgment debtors did not show any bona fide attempt to clear the liability within a reasonable period.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The petitioner has not shown any bona fide attempt to clear the liability within a reasonable period.
Judgment Evidence:
In the result, this Execution Application is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajimon.K.A.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aniyappan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.M.John
- Party Age
- 73
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rayin K.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Binoy Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petitioner sought permission to pay the balance decree amount in monthly instalments.
Evidence:
this Court finds no justification to grant further indulgence by way of instalment payment.
Documents & Evidence
Case Classification
Case Type
Execution Application
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Financial hardship
Case Code
OS.
Case Code Year
2015