Case Summary
M/s. Shukapuram Kuries Private Limited filed an execution petition against Rasak and others for the recovery of a decretal amount due. The case revolves around the respondents' ability to pay the decretal amount and the petitioner's claim of their means.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Detention in Civil Prison for 2 weeks
Case Type
Execution Petition
Final Judgment
No
The court ordered the first respondent, Rasak, to be detained in civil prison for two weeks due to non-payment of the decretal amount despite having sufficient means.
Why Plaintiff Won:
The respondents were determined to have sufficient means to pay the decretal amount.
The respondents were determined to have sufficient means to pay the decretal amount.
Losing Side's Weaknesses:
The respondents were determined to have sufficient means to pay the decretal amount.
The respondents were determined to have sufficient means to pay the decretal amount.
Supporting Evidence
The fact that no evidence was adduced by the respondents would only lead to one conclusion that the case put forth by the petitioner that the judgement debtors have sufficient means to pay the decree debt, is true.
Judgment Evidence:
In the result, the 1st 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
- M/s. Shukapuram Kuries Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rasak
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Akshaydas.V.C
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shameena.M.K
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Decree passed by the Hon’ble Munsiff-Magistrate Court Ponnani
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Premdeep Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K. Shahzad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The 1st respondent is ordered to be detained in Civil Prison for their non-payment of the decretal amount despite having sufficient means.
Evidence:
Thus, the judgement debtor No.1 shall be detained in Civil Prison for their non-payment of the decretal amount despite having sufficient means.
Relief Type:
Other
Outcome:
Refused
Description:
EP as against the 2nd respondent is only to be dismissed.
Evidence:
Hence EP as against the 2nd respondent is only to be dismissed.
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
Case between M/s. Shukapuram Kuries Private Limited vs Rasak et al regarding execution of decree for payment
Case Code Year
Case between M/s. Shukapuram Kuries Private Limited vs Rasak et al regarding execution of decree for payment
Case Flags
Imprisonment Involved
Arrest Involved
Imprisonment Duration
2 weeks