Case Summary
Pradeep. S, a designer, filed a petition against defendants Muhammed Ismail and Shyla Ismail for pending payments of ₹ 2,09,154 for additional work done on their apartment. The defendants disputed the payment, claiming the plaintiff did not complete the work as per the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants/counter petitioners directed to furnish security for Rs.2,09,514
Case Type
Civil Suit
Final Judgment
No
The petition was allowed, directing the defendants to furnish security for ₹ 2,09,514 or face attachment of their apartment. No costs were ordered.
Why Plaintiff Won:
The petitioner established a clear claim for payment due under the contract.
The petitioner established a clear claim for payment due under the contract.
Losing Side's Weaknesses:
The petitioner established a clear claim for payment due under the contract.
The petitioner established a clear claim for payment due under the contract.
Supporting Evidence
The contention of the petitioner is that, he was employed as designer for designing the plaint schedule apartment. It is further submitted that he had given Exhibit A1 Estimate and in pursuant to the same Ext.A3 agreement was entered into between plaintiff and defendants.
Judgment Evidence:
In the result, the petition is allowed as follows: 1. The defendants/counter petitioners are directed to furnish security for Rs.2,09,514/- (Rupees Two Lakhs Nine Thousand Five Hundred and Fourteen only) within a period of 30 days or else to show cause as to why an attachment shall not be ordered against the property mentioned below.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep. S
- Party Role
- Defendant
- Party Name
- Muhammed Ismail
- Party Role
- Defendant
- Party Name
- Shyla Ismail
Plaintiffs Documents
Estimate, Agreement, Tax invoices, Work status
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bindu Sankara pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V.S. Vishambaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Defendants directed to furnish security for Rs. 2,09,514/- or face attachment.
Evidence:
The petition is allowed as follows: The defendants/counter petitioners are directed to furnish security for Rs. 2,09,514/- within a period of 30 days or else to show cause as to why an attachment shall not be ordered against the property.
Documents & Evidence
Document Type:
Estimate
Submitted By:
Plaintiff
Relevance:
Estimate provided by the petitioner for the work to be done.
Reference:
Ext.A1
Document Type:
Estimate
Submitted By:
Plaintiff
Relevance:
Additional estimate provided by the petitioner.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between the plaintiff and defendants regarding the work.
Reference:
Ext.A3
Document Type:
Tax Invoices
Submitted By:
Plaintiff
Relevance:
Invoices related to work done for the defendants.
Reference:
Ext.A4
Document Type:
Work status
Submitted By:
Plaintiff
Relevance:
Status report on the work completed by the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.
Case Code Year
2022