Case Summary
The petitioner, Kerala Merchantile Co.operative Bank Ltd, seeks execution of a decree against the respondent, Sajeev.P, for non-payment of a decretal amount. The respondent claims to have no means to pay, but the court finds otherwise.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Detention in Civil Prison for 2 weeks
Case Type
Execution Petition
Final Judgment
No
The court has determined that the respondent has sufficient means to pay the decretal amount but has neglected to do so. Consequently, the respondent has been ordered to be detained in Civil Prison for a period of 2 weeks.
Why Plaintiff Won:
The respondent was found to have sufficient means to pay the decretal amount.
The respondent was found to have sufficient means to pay the decretal amount.
Losing Side's Weaknesses:
The respondent was found to have sufficient means to pay the decretal amount.
The respondent was found to have sufficient means to pay the decretal amount.
Supporting Evidence
Considering the facts and circumstances stated above, I am to hold that the respondents have sufficient income to pay the decretal amount and that they neglected to pay it.
Judgment Evidence:
In the result, the respondent is ordered to be detained in Civil Prison for a period of 2 weeks. Issue warrant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Merchantile Co.operative Bank Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sajeev.P
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Documents marked as Ext.A1 to A3 including RC particulars of a motor bike, electricity bill, and photographs of the respondent's house.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Anilesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.Jayadeep
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Detention in Civil Prison for the respondent due to non-payment of the decretal amount.
Evidence:
Thus, the judgement debtors shall be detained in Civil Prison for their non-payment of the decretal amount despite having sufficient means.
Documents & Evidence
Document Type:
Copy of RC particulars of KL 11AF7691 Hero Honda Bike
Submitted By:
Plaintiff
Relevance:
Demonstrates that the respondent has a motor vehicle, indicating possible means to pay the decree amount.
Reference:
Ext.A1
Document Type:
Photo copy of Electricity Bill
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the respondent's ongoing utility payments, suggesting financial means.
Reference:
Ext.A2
Document Type:
Copy of photographs of the house
Submitted By:
Plaintiff
Relevance:
Indicates property ownership, which is relevant to determining the respondent's financial ability.
Reference:
Ext.A3
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
2023
Case Flags
Imprisonment Involved
Arrest Involved
Imprisonment Duration
2 weeks