EP No. 594/2024

Case between Secretary, Nadakkavu Co-operative Urburn Society Ltd vs Muhammed Rafi K.P et al regarding execution petition.

Court

COURT OF THE MUNSIFF-II, KOZHIKODE

Judge

Smt. Savitha.T.P

Order Date

2025-06-30

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The petitioner is the Secretary of Nadakkavu Co-operative Urban Society Ltd, while the respondents are Muhammed Rafi K.P and Pramod. The case concerns an execution petition, which is not executable due to the absence of the respondents.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Case Type

Execution Petition

Final Judgment

The execution petition is closed as it is not executable due to the absence of R1 who is abroad and R2 who is deceased.

Key Reasoning:
The execution petition is not executable under order 21 Rule 38 of CPC due to the circumstances of the respondents.

Why Defendant Won:
The execution petition is not executable under order 21 Rule 38 of CPC due to the circumstances of the respondents.

Supporting Evidence

The court noted that R1 is abroad and R2 is no more, making the execution petition not executable.

Judgment Evidence:

Hence EP is not executable under order 21 Rule 38 of cpc. Hence EP closed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Secretary, Nadakkavu Co-operative Urburn Society Ltd

Party Role: Defendant
Party Name: Muhammed Rafi K.P
Relation: S/o

Party Role: Defendant
Party Name: Pramod
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Smt. Joshila.K
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Not Decided

Description:

Execution Petition closed due to unavailability of respondents.

Evidence: