Case Summary
The petitioners, Naseera Beevi S. and Manju S., are seeking to recover a loan amount of Rs.7,00,000 from the defendant, Arohan, who borrowed the money for business purposes but has failed to repay. The court has issued an order for attachment before judgment to secure the petitioners' claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional attachment over the petition schedule immovable property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petitioners' application for attachment before judgment, requiring the defendant to furnish security for the claimed amount.
Why Plaintiff Won:
The petitioners demonstrated sufficient grounds for the attachment before judgment due to the risk of the defendant alienating property.
The petitioners demonstrated sufficient grounds for the attachment before judgment due to the risk of the defendant alienating property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The claim of the respondent can also be considered at appropriate stage during the trial of the suit. The petitioners in the affidavit filed has specifically stated that they got reliable information that respondent is trying to alienate the property.
Judgment Evidence:
In the result, the I.A stands allowed as follows: 1) The respondent is directed to furnish security for the plaint amount of Rs.8,15,500/- and in the meantime order conditional attachment over the petition schedule immovable property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Naseera Beevi S.
- Party Age
- 57
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Manju S.
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Arohan
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Agreement dated 01/09/2023, Legal Notice dated 18/07/2024, Lease Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.O. Asokan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sajad Muhammed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Attachment Before Judgment
Outcome:
Granted
Description:
The petitioners sought an order of attachment before judgment over the property of the respondent.
Evidence:
The court is satisfied that an order of attachment before judgment can be passed in favour of petitioner.
Relief Type:
Security for Amount
Outcome:
Granted
Description:
The respondent is directed to furnish security for the plaint amount of Rs.8,15,500/-
Evidence:
The respondent is directed to furnish security for the plaint amount of Rs.8,15,500/- and in the meantime order conditional attachment over the petition schedule immovable property.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between petitioners and respondent dated 01/09/2023 was marked as evidence regarding the borrowed amount.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
A legal notice issued to the respondent on 18/07/2024 was marked as evidence regarding the demand for repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt for Ext.A2 notice was marked as supporting evidence.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card for Ext.A2 notice was marked as supporting evidence.
Reference:
Ext.A4
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement regarding repayment of the debt amount was marked as evidence.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Naseera Beevi S. vs Arohan regarding recovery of money
Case Code Year
Case between Naseera Beevi S. vs Arohan regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt