Case Summary
Shwas Homes Pvt. Ltd. is the plaintiff seeking realization of money from the defendants, Jose Thomas and Lovely Antony. The defendants filed a petition to lift the interim attachment of a property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order lifting attachment communicated to Tripunithura sub registry office and village office Nadama.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to lift the order of attachment since the original suit was dismissed and the attachment was no longer valid. The court communicated the order for lifting the attachment to the relevant offices.
Why Plaintiff Won:
The suit was dismissed, hence the order of attachment was no longer applicable.
The suit was dismissed, hence the order of attachment was no longer applicable.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Satisfied from the proceedings that suit is dismissed and hence order of attachment also does not exist now.
Judgment Evidence:
In the result, the above petition is allowed on the following terms: 1) Property attached as per order in IA 4388/2012 dated 21.07.2012 is released from attachment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shwas Homes Pvt. Ltd.
- Relation
- represented by its Director
- Party Role
- Defendant
- Party Name
- Jose Thomas
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lovely Antony
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Abraham P George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Balagopalan A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M N Manmadan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Lifting of the interim attachment of property.
Evidence:
Hence petition is allowed in the interest of justice.
Documents & Evidence
Document Type:
Interim Attachment Order
Submitted By:
Court
Relevance:
The court lifted the interim attachment of the schedule property as per the earlier order in IA 4388/2012.
Reference:
IA 4388/2012
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 Shwas Homes Pvt. Ltd. vs Jose Thomas et al regarding lifting of attachment
Case Code Year
Case between Shwas Homes Pvt. Ltd. vs Jose Thomas et al regarding lifting of attachment