Case Summary
This case involves a husband and wife, Francis and Binu Mol, who filed a petition to lift an attachment on their property. The Bank and a defendant named Suseela contested the petition, claiming the property was not described correctly.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The attachment order passed against property comprised in resurvey no.82/2-11-3-1 is hereby lifted.
Case Type
Claim Petition
Final Judgment
No
The court allowed the petition to lift the attachment on the property as it was found to be different from the property attached by the Bank.
Why Plaintiff Won:
The property mentioned in the claim petition was determined to be entirely different from the property mentioned in the attachment schedule, justifying the lifting of the attachment.
The property mentioned in the claim petition was determined to be entirely different from the property mentioned in the attachment schedule, justifying the lifting of the attachment.
Losing Side's Weaknesses:
The property mentioned in the claim petition was determined to be entirely different from the property mentioned in the attachment schedule, justifying the lifting of the attachment.
The property mentioned in the claim petition was determined to be entirely different from the property mentioned in the attachment schedule, justifying the lifting of the attachment.
Supporting Evidence
The attachment schedule would go to show that the properties comprised in resurvey 82/2-11 and resurvey no.76/2 were attached. So the property mentioned in claim petition is entirely different from the property mentioned in the attachment schedule.
Judgment Evidence:
In the result, petition is allowed as follows: 1. The attachment passed as per order in I.A.2842/2017 dated 21.05.2024 with regard to the property comprised in resurvey no.82/2-11-3-1 having an extent of 9 cents at Anchuthengu village in Chirayinkeezh taluk (Kadakkavoor S.R.O) is hereby lifted.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Francis
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Binu Mol
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manager, Gramin Bank
- Party Role
- Defendant
- Party Name
- Suseela
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale deed No 346/2014 of Kadakkavoor S. R. O. dated 21/3/2014, Tax receipt of Anchuthengu Village Office, dated 17/9/2019
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sureshkumar. P. S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. Ajayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Lifted the attachment order passed against the property.
Evidence:
The petition can be allowed and the attachment order passed against property mentioned in claim petition can be lifted.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs directed to be suffered by respective parties.
Evidence:
Both parties are directed to suffer their respective costs.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Shows that the claim petitioners purchased the property.
Reference:
Ext.X1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the claim petitioners have remitted tax on the property.
Reference:
Ext.X2
Case Classification
Case Type
Claim Petition
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
O.S.
Case Code Year
2017