Case Summary
Mr. Rajesh Babu filed a petition to release the attachment on his property which was encumbered due to an earlier decree. The respondents did not appear in court despite being notified, leading to an ex-parte decision in favor of the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The attachment over the petition schedule property is hereby released.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to release the attachment on the property. The petitioner was determined to be the rightful owner, and no execution petition had been filed by the decree holder.
Why Plaintiff Won:
The claim petitioner provided substantial evidence supporting his title and ownership of the property.
The claim petitioner provided substantial evidence supporting his title and ownership of the property.
Losing Side's Weaknesses:
The claim petitioner provided substantial evidence supporting his title and ownership of the property.
The claim petitioner provided substantial evidence supporting his title and ownership of the property.
Supporting Evidence
Considering the facts and circumstances of the case and evidence on record it is evident that the claim put forward by the claim petitioner is bona fide and the petition deserves to be allowed.
Judgment Evidence:
In the result: The petition is allowed and the attachment over the petition schedule property as per order in IA.5909/2013 in OS.No.1214/2013 dated 31/08/2013 is hereby released.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Rajesh Babu
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Mulamootil Consumer Credits Limited
- Party Role
- Defendant
- Party Name
- Ms. Remany
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vellathan
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ms. Sarojini
- Party Age
- 90
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ms. Shyni.U
- Party Age
- 32
- Relation
- W/o
Plaintiffs Documents
Certified Copy of the Power of Attorney, Certified Copy of sale certificate, Certified Copy of order passed by Hon’ble Family Court, Kottarakkara
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Suresh Kumar.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The attachment over the petition schedule property as per order in IA.5909/2013 in OS.No.1214/2013 dated 31/08/2013 is released.
Evidence:
In the result: The petition is allowed and the attachment over the petition schedule property as per order in IA.5909/2013 in OS.No.1214/2013 dated 31/08/2013 is hereby released.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney was produced before the court.
Reference:
Ext.A1
Document Type:
Certificate of Sale
Submitted By:
Plaintiff
Relevance:
Certified copy of the certificate of sale which establishes the petitioner's lawful acquisition of the property.
Reference:
Ext.A2
Document Type:
Order from Family Court
Submitted By:
Plaintiff
Relevance:
Certified copy of the order passed by the Hon’ble Family Court recognizing the petitioner's rightful ownership and withdrawal of the attachment.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2013