Case Summary
Jacob John, the judgment debtor, filed a review petition against the decree holder, Welfare Co-operative Society Ltd, challenging the maintainability of an execution petition. The court considered objections related to jurisdiction and procedural issues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Review Petition
Final Judgment
No
The court allowed the review petition and ruled that the execution petition is not maintainable due to lack of jurisdiction.
Why Plaintiff Won:
The execution petition was not maintainable as it lacked the required jurisdiction.
The execution petition was not maintainable as it lacked the required jurisdiction.
Losing Side's Weaknesses:
The execution petition was not maintainable as it lacked the required jurisdiction.
The execution petition was not maintainable as it lacked the required jurisdiction.
Supporting Evidence
This court is of the view that waiting for the same after all these years is a futile exercise. Hence, the execution petition is not maintainable on that ground.
Judgment Evidence:
Resultantly, by invoking the power of review under section 114 and Order XLVII Rule 4(2) of CPC, I do hereby review the order dated 23/02/2021 passed in the above execution petition and order that the execution petition is not maintainable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jacob John
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Welfare Co-operative Society Ltd No. T-794
- Relation
- represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Balachandran Kulasekharam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.Vivekanandan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Review petition to declare that the execution petition is not maintainable.
Evidence:
Resultantly, by invoking the power of review under section 114 and Order XLVII Rule 4(2) of CPC, I do hereby review the order dated 23/02/2021 passed in the above execution petition and order that the execution petition is not maintainable.
Documents & Evidence
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Jacob John vs Welfare Co-operative Society Ltd regarding review of execution petition
Case Code Year
Case between Jacob John vs Welfare Co-operative Society Ltd regarding review of execution petition