Case Summary
The case involves a petition filed by the defendant, Santhosh Paul, to lift an interim attachment on his property. The suit was originally filed for the realization of money, and the plaintiff, Shwas Homes Pvt. Ltd., opposes this petition, asserting that the defendant owes substantial amounts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Property attached as per order in IA 4397/2012 is released from attachment.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to lift the interim attachment of the defendant's property, given that the suit was dismissed previously for default and the attachment was no longer valid.
Why Plaintiff Won:
The suit was dismissed and the order of attachment no longer exists, thus justifying the lifting of the attachment.
The suit was dismissed and the order of attachment no longer exists, thus justifying the lifting of the attachment.
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 4397/2012 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
- Santhosh Paul
- Party Age
- 56
- Relation
- S/o late P P Paul
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:
Petition to lift the order of interim attachment of scheduled 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:
Court considered the order of interim attachment related to the property.
Reference:
IA 4397/2012
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 Santhosh Paul regarding lifting of interim attachment
Case Code Year
Case between Shwas Homes Pvt. Ltd. vs Santhosh Paul regarding lifting of interim attachment