Case Summary
The case involves Selvaraj. A as the plaintiff and his father-in-law Mony @ Maniyan as the defendant, regarding the recovery of a loan amount of ₹2,00,000/- that was not repaid. The plaintiff claims the amount along with interest after repeated demands went unheeded.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of ₹2,33,000/- with 6% interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover ₹2,33,000/- from the defendant along with interest and costs.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence showing the defendant's liability.
The plaintiff provided unchallenged evidence showing the defendant's liability.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence showing the defendant's liability.
The plaintiff provided unchallenged evidence showing the defendant's liability.
Supporting Evidence
The evidence adduced by the plaintiff is unchallenged. The documents submitted by the plaintiff demonstrate that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: - a) The plaintiff is entitled to realise an amount of ₹2,33,000/- (Rupees Two Lakhs Thirty-Three thousand only) with 6% interest from the date of the suit, till date of realisation from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Selvaraj. A
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mony @ Maniyan
- Party Age
- 79
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note dated 30/10/2020, Advocate Notice dated 11/09/2023, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Radhakrishnan K. Pezhummoodu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Drishya. M.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anjanakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mittu M. P. Jose
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹2,33,000/- along with interest from the defendant.
Evidence:
the plaintiff is entitled to realise an amount of ₹2,33,000/- (Rupees Two Lakhs Thirty-Three thousand only) with 6% interest from the date of the suit, till date of realisation from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of the suit from the defendant.
Evidence:
the plaintiffs is also entitled to realise the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The original Promissory Note was produced by PW1 to support the claim of loan repayment.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
The advocate's notice issued by the plaintiff demanding repayment of the loan amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt serving as proof of delivery of the advocate's notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirming the receipt of the advocate's notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2023