Case Summary
The case involves The Secretary of the Health Amenities Multi purpose District Co-operative Society Limited seeking execution against Jijil Kumar for non-payment of a decretal amount. The respondent claims he has no means to pay the debt due to financial struggles.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The court dismissed the execution petition filed by the petitioner, as the respondent proved he has no means to pay the debt. The petitioner failed to demonstrate that the respondent had sufficient income or assets.
Key Reasoning:
The respondent successfully proved he has no sufficient income or assets to pay the decree debt.
The respondent successfully proved he has no sufficient income or assets to pay the decree debt.
Why Defendant Won:
The respondent successfully proved he has no sufficient income or assets to pay the decree debt.
The respondent successfully proved he has no sufficient income or assets to pay the decree debt.
Supporting Evidence
Considering the evidence adduced by both sides, it is clear that the respondent would convince the court that he has no sufficient income or assets to pay the decree debt.
Judgment Evidence:
In the result, the EP is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Secretary, Health Amenities Multi purpose District Co-operative Society Limited No.D-2738
- Party Role
- Defendant
- Party Name
- Jijil Kumar
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Copy of agreement of settlement entered into between KT Mathew, Sheela Mathew and Jijil Kumar T, Copy of attachment notice issued by Sale Officer, Asst. Registrar (Gen), Co-operative Societies, Kozhikode, Copy of statement of account issued by SBI, Kozhikode to Jijil Kumar T, OP tickets from District Ayurveda Hospital Kozhikode in favor of Jijil Kumar
Advocates
- Party Role
- Petitioner
- Advocate Name
- Sri.VP Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P Krishnakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
Execution petition for arrest and detention of the respondent for non-payment of the decretal amount.
Evidence:
Considering the evidence adduced by both sides, it is clear that the respondent would convince the court that he has no sufficient income or assets to pay the decree debt.
Documents & Evidence
Document Type:
Settlement Agreement
Submitted By:
Defendant
Relevance:
Copy of the settlement agreement pertaining to the eviction case filed by the landlord.
Reference:
Ext.B1
Document Type:
Attachment Notice
Submitted By:
Defendant
Relevance:
Copy of attachment notice issued by the Sale Officer, Asst. Registrar (Gen).
Reference:
Ext.B2
Document Type:
Bank statement
Submitted By:
Defendant
Relevance:
Copy of statement of account issued by SBI to the respondent.
Reference:
Ext.B3
Document Type:
Medical Records
Submitted By:
Defendant
Relevance:
OP tickets from District Ayurveda Hospital showing medical condition of the respondent.
Reference:
Ext.B4
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
E.P.
Case Code Year
2023
Case Flags
Arrest Involved