Case Summary
Satheesh.S and Chandrakumar are the plaintiffs seeking to recover advance sale consideration from defendant Pradhosh Kumar for a property purchase. The plaintiffs allege that the defendant has refused to repay after learning the property was unsuitable for construction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of attachment before judgment over the property of the defendant.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for attachment before judgment, ordering the defendant to furnish security for an amount of 8,00,000 within thirty days.
Why Plaintiff Won:
The court found credible evidence supporting the plaintiffs' claim that the defendant was attempting to alienate assets to avoid repayment.
The court found credible evidence supporting the plaintiffs' claim that the defendant was attempting to alienate assets to avoid repayment.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The purpose of ordering attachment before judgment under Order XXXVIII Rule 5 of Code of Civil Procedure is to secure a sufficient security for execution of any prospective decree that may be passed in favour of the petitioner.
Judgment Evidence:
In the result, IA is allowed as follows: 1) The respondent is directed to furnish a security for an amount of 8,00,000/- within a period of thirty 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
- Satheesh.S
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chandrakumar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pradhosh Kumar
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original Sale Agreement, Certified Copy of Sale Deed No.736/2015
Defendants Documents
Copy of Advocate Notice, Original Unserved Notice, Copy of Caveat No.266/2024, Munsiff Court, Neyyattinkara, The Original Acknowledgment Card
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt .Sreena. B. Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rajeev. K.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Attachment Before Judgment
Outcome:
Granted
Description:
Conditional order of attachment over the property of the respondent.
Evidence:
Hence an order of attachment can be ordered over the property having an extent of 6.07 Ares comprised in resurvey No.300/12 situated in Neyyattinkara Taluk, Kottukal village.
Relief Type:
Security
Outcome:
Granted
Description:
Respondent directed to furnish security for an amount of 8,00,000/- within a period of thirty days.
Evidence:
The respondent is directed to furnish a security for an amount of 8,00,000/- within a period of thirty days.
Documents & Evidence
Document Type:
Original Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original sale agreement related to the property in question.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed related to the property.
Reference:
Ext.A2
Document Type:
Copy of Advocate Notice
Submitted By:
Defendant
Relevance:
Copy of the advocate notice sent by the defendant.
Reference:
Ext.B1
Document Type:
Original Unserved Notice
Submitted By:
Defendant
Relevance:
Original notice that was unserved to the petitioner.
Reference:
Ext.B2
Document Type:
Copy of Caveat
Submitted By:
Defendant
Relevance:
Copy of the caveat filed before the Munsiff Court.
Reference:
Ext.B3
Document Type:
Original acknowledgment card
Submitted By:
Defendant
Relevance:
Original acknowledgment card related to the notice.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Satheesh.S et al vs Pradhosh Kumar regarding recovery of money
Case Code Year
Case between Satheesh.S et al vs Pradhosh Kumar regarding recovery of money