Case Summary
Binyl Kuruvila Rajan, represented by K. Mariyamma, filed an application against Krishnamma T. and others seeking to secure a claim due to a failed sale agreement. The petitioner contends that the defendants have failed to execute the sale deed for a property despite receiving advance payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment before judgment requiring defendants to furnish security for the claim amount.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petitioner's application for attachment before judgment, requiring the defendants to furnish security for the claimed amount. A conditional order for attachment of property was also passed.
Why Plaintiff Won:
The petitioner demonstrated that the defendants might alienate the property, which would adversely affect potential decree execution.
The petitioner demonstrated that the defendants might alienate the property, which would adversely affect potential decree execution.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner in her affidavit specifically stated that she got reliable information that the respondent is trying to alienate his assets and to leave the jurisdiction of the Court.
Judgment Evidence:
In the result, IA allowed as follows: Defendants/counter petitioners to furnish security for the plaint claim amount of Rs.6,45,000/- within a period of 30 days in the meanwhile a conditional order of attachment before judgment passed so as to attach the plaint schedule property of 07.73 ares...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binyl Kuruvila Rajan
- Party Age
- 38
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- K. Mariyamma
- Party Age
- 70
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Krishnamma T.
- Party Age
- 74
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Anithakumari K.
- Party Age
- 53
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Sreekantan Nair G.
- Party Age
- 49
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Sunil Kumar
- Party Age
- 45
- Relation
- S/o.
Plaintiffs Documents
Original Power of Attorney, Original Agreement for Sale, Legal Notice, Acknowledgment Cards, Reply Notice
Defendants Documents
Certified Copy of Correction Deed, Certified Copy of Encumbrance Certificate, Location Plan, Thandaper Account, Possession Certificate
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.S. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anuprasanth M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P.Sujeshkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Keerthi K. Narayan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rahul K. Narayan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Geetha K.P.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Soumya Ravi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Manoj Prameswaran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Conditional order of attachment before judgment passed so as to attach the plaint schedule property.
Evidence:
IA allowed as follows: Defendants/counter petitioners to furnish security for the plaint claim amount of Rs.6,45,000/- within a period of 30 days in the meanwhile a conditional order of attachment before judgment passed so as to attach the plaint schedule property of 07.73 ares in Ayirooppara Village, Thiruvananthapuram District.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The original power of attorney is marked as Ext.A1.
Reference:
Ext.A1
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
The agreement for sale is marked as Ext.A2.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The petitioner had issued a notice through his counsel demanding the return of advance sale consideration of Rs.5,00,000/- with interest.
Reference:
Ext.A3
Document Type:
Postal Receipts and Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Ext.A4 series are the postal receipts and acknowledgment card of Ext.A3 notice.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the reply notice issued by defendant.
Reference:
Ext.A5
Document Type:
Correction Deed
Submitted By:
Defendant
Relevance:
The copy of correction deed is marked as Ext.B1.
Reference:
Ext.B1
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
The Certified Copy of Encumbrance Certificates are marked as Ext.B2 and Ext.B3.
Reference:
Ext.B2 to B3
Document Type:
Location plan
Submitted By:
Defendant
Relevance:
Location Plans are marked as Ext.B4 and Ext.B5.
Reference:
Ext.B4 to B5
Document Type:
Thandaper Account
Submitted By:
Defendant
Relevance:
Thandaper Accounts are marked as Ext.B6 and Ext.B7.
Reference:
Ext.B6 to B7
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Possession Certificates are marked as Ext.B8 and Ext.B9.
Reference:
Ext.B8 to B9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Binyl Kuruvila Rajan vs Krishnamma T. et al regarding recovery of advance sale consideration
Case Code Year
Case between Binyl Kuruvila Rajan vs Krishnamma T. et al regarding recovery of advance sale consideration