Case Summary
The case involves Shwas Homes Pvt. Ltd. as the plaintiff and K Krishna Kumar as the defendant. The defendant filed a petition to lift an interim attachment of property involved in a suit for realization of money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order lifting attachment on the property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to lift the order of attachment on the property after finding that the original suit had been dismissed. The court noted that the defendant's petition had merits and the attachment was no longer valid.
Why Plaintiff Won:
The original suit was dismissed, making the order of attachment no longer valid.
The original suit was dismissed, making the order of attachment no longer valid.
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 4385/2012 dated 21.07.2012 is released from attachment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shwas Homes Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- K Krishna Kumar
- Party Age
- 64
- Relation
- S/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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- M N Manmadan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner sought to lift the order of interim attachment of the property.
Evidence:
Satisfied that petition has merits. 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 on the property as the suit was dismissed.
Reference:
IA 4385/2012
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 K Krishna Kumar regarding lifting of interim attachment.
Case Code Year
Case between Shwas Homes Pvt. Ltd. vs K Krishna Kumar regarding lifting of interim attachment.