Case Summary
The South Indian Bank filed a petition against M/s Sadul Malik Store and Nessi regarding an attachment order. The court allowed the petition based on the lack of intention from the respondents to sell the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional attachment order made absolute.
Case Type
Civil Suit
Final Judgment
No
The petition was allowed, and a conditional attachment order was made absolute.
Why Plaintiff Won:
The court found that the respondents had no intention to sell the property and that not making the attachment order absolute would prevent the petitioner from enjoying the fruits of the decree.
The court found that the respondents had no intention to sell the property and that not making the attachment order absolute would prevent the petitioner from enjoying the fruits of the decree.
Losing Side's Weaknesses:
The court found that the respondents had no intention to sell the property and that not making the attachment order absolute would prevent the petitioner from enjoying the fruits of the decree.
The court found that the respondents had no intention to sell the property and that not making the attachment order absolute would prevent the petitioner from enjoying the fruits of the decree.
Supporting Evidence
The court is of the view that the respondent No. 2 is having no intention to sell the property. Moreover no security is furnished.
Judgment Evidence:
Hence the petition is allowed and conditional attachment order is made absolute.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Sadul Malik Store
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Nessi
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S, Shibu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Conditional attachment order made absolute.
Evidence:
the petition can be allowed. Hence the petition is allowed and conditional attachment order is made absolute.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between The South Indian Bank vs M/s Sadul Malik Store et al regarding Conditional Attachment Order.
Case Code Year
Case between The South Indian Bank vs M/s Sadul Malik Store et al regarding Conditional Attachment Order.