Case Summary
Canara Bank filed an execution petition against Mr. Faisal MT and others regarding the tracing of the judgment debtor. The court noted the difficulties faced by the petitioner in locating the debtor and decided to close the execution petition for the time being.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition was closed by the court due to the lack of representation from the petitioner and failure to trace the judgment debtor.
Key Reasoning:
The petitioner was unable to trace out the judgment debtor despite police assistance and multiple chances.
The petitioner was unable to trace out the judgment debtor despite police assistance and multiple chances.
Why Defendant Won:
The petitioner was unable to trace out the judgment debtor despite police assistance and multiple chances.
The petitioner was unable to trace out the judgment debtor despite police assistance and multiple chances.
Supporting Evidence
I find that petitioner had exhausted the awareness available to him in that regard.
Judgment Evidence:
I find that no purpose will be served in repeatedly issuing arrest warrant against Judgment Debtor when Decree Holder can not be traced out. Hence I am inclined to close this EP for the time being.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr.Faisal MT
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kuttiali
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Canara Bank
- Relation
- Represented by its Principal Officer/Senior Manager
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Balachandran Cholakkad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.MC Ratnakaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Victor Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Prameela
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Rajith Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Closed
Description:
The execution petition is closed for the time being.
Evidence:
I am inclined to close this EP for the time being.
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
E.P.
Case Code Year
2020
Case Flags
Arrest Involved