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EP.No 33/2025

Case between Ayyappan vs Chandramathi regarding execution petition for realization of arrears of rent.

Court
COURT OF THE MUNSIFF, VARKALA
Judge
Sri. ARAVIND.P
Order Date
2025-11-01
Duration
Case Code No.
33
Case Closed
Sat, 11/01/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Ayyappan is the decree holder seeking execution of an arrears of rent against Chandramathi, the judgment debtor. The court dismissed the execution petition.

Judgment Outcome

Defendant Won
Interim Order
The execution petition was dismissed as the arrears of rent cannot be realized as per the court's findings.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition was dismissed as the arrears of rent cannot be realized as per the court's findings.
Key Reasoning:
The execution petition cannot be executed as the arrears of rent ordered under the K.B.L.R. Act 1965 cannot be realized.
Why Defendant Won:
The execution petition cannot be executed as the arrears of rent ordered under the K.B.L.R. Act 1965 cannot be realized.
Supporting Evidence
It is important to note that the arrears of rent ordered U/S.11 (2) (b) of the K.B.L.R. Act 1965 cannot be realized as if it were an arrears of rent.

Judgment Evidence:

The court heard and perused the records. On perusal it is noted that execution petition is for realization of arrears of rent on the basis of the order in R.C.P. 4/ 2016 dated 14.12.2020. Hence the execution petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ayyappan
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Chandramathi
Party Age
55
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. S Sunil
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
Execution petition for realization of arrears of rent
Evidence:
The court heard and perused the records. On perusal it is noted that execution petition is for realization of arrears of rent on the basis of the order in R.C.P. 4/ 2016 dated 14.12.2020.

Documents & Evidence

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Arrears of Rent
Case Code
EP.NO
Case Code Year
2025

Quick Facts

Location
Varkala
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
Sat, 11/01/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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