Case Summary
The Calicut City Service Co-operative Bank Ltd filed an execution petition against the respondents for arrest and detention due to non-payment of a decreed amount. The court found that the respondents had sufficient means to pay the decree debt but neglected to do so.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Detention of JD No.1 to 3 in Civil prison for one week
Case Type
Execution Petition
Final Judgment
No
The court ordered the respondents to be detained in Civil prison for one week due to non-payment of the decretal amount.
Why Plaintiff Won:
The respondents had sufficient means to pay the decretal amount but neglected to do so.
The respondents had sufficient means to pay the decretal amount but neglected to do so.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Therefore, in the event of non rebuttal of the evidence adduced by PW1, I find that the respondents have sufficient means to pay the decretal amount and they had neglected to pay it.
Judgment Evidence:
In the result, JD No.1 to 3 are ordered to be detained in Civil prison for a period of one week. Issue Arrest Warrant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Calicut City Service Co-operative Bank Ltd
- Party Role
- Defendant
- Party Name
- Abdul Rasheed MV
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ahamad Shakeer
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noushad MC
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Ext. A1, Ext. A2
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.BV Deepu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Soshibha AK
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Detention of the judgment debtors in civil prison for non-payment of the decretal amount.
Evidence:
Hence the judgment debtors shall be detained in Civil Prison for non payment of the decretal amount.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the income of the 1st respondent.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the income of the 3rd respondent.
Reference:
Ext.A2
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
EP
Case Code Year
2022
Case Flags
Imprisonment Involved
Arrest Involved
Imprisonment Duration
1 week