Case Summary
The plaintiff, Sobhana Kumari.K., is seeking recovery of a loan amount from the defendants, Ashokan.K and Ambili.S. The defendants borrowed money from the plaintiff but failed to repay despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹2,38,000 with 12% interest from 14/08/2020 till the date of decree and future interest at 6%.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, confirming that the defendants owe her a sum of ₹2,38,000 along with interest. The judgment included a decree for realization of the amount from the defendants' assets.
Why Plaintiff Won:
The evidence provided by the plaintiff was unchallenged and clearly showed the defendants' obligation to repay.
The evidence provided by the plaintiff was unchallenged and clearly showed the defendants' obligation to repay.
Losing Side's Weaknesses:
The evidence provided by the plaintiff was unchallenged and clearly showed the defendants' obligation to repay.
The evidence provided by the plaintiff was unchallenged and clearly showed the defendants' obligation to repay.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendants owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.Plaintiff is allowed to realise ₹2,38,000 from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sobhana Kumari.K.
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ashokan.K
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ambili.S
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Original Promissory note dated 14/08/2020, Lawyer’s notice dated 02/07/2022, Postal receipts, Acknowledgment cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.Vidhyadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹2,38,000/- from the defendants and their assets.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is allowed to realise ₹2,38,000/- from the defendants and their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12% per annum with monthly rests from 14/08/2020 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 12% per annum with monthly rests from 14/08/2020 till the date of decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The original promissory note dated 14/08/2020 was used to prove the loan agreement between the plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice dated 02/07/2022 was sent to request repayment of the loan amount.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The postal receipts were used to show proof of sending the lawyer's notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment cards were used to confirm the receipt of the lawyer's notice by the defendants.
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
Case between Sobhana Kumari.K. vs Ashokan.K et al regarding recovery of money.
Case Code Year
Case between Sobhana Kumari.K. vs Ashokan.K et al regarding recovery of money.