HIGH COURT OF KERALA
C.S. DIAS, J
SAYUJYA FINANCE – Appellant
Versus
LITTA BABU – Respondent
JUDGMENT
Aggrieved by the order in I.A. No.7/2022 in I.A.No.15241/2019 in O.S. No.5197/2017(Ext.P8) of the Court of the Principal Munsiff, Thrissur, the plaintiff in the suit has filed the original petition. The respondents are the defendants in the suit.
2. The relevant facts for the determination of the original petition are: the petitioner is the plaintiff in the above suit filed against the respondents for a decree for realisation of an amount of Rs.5,88,500/- with interest. Along with the suit, the petitioner had filed I.A.No.19256/2017 to attach before judgment the properties of the second respondent. The application was allowed. The respondents 2 and 3 have filed Ext.P3 written statement admitting the transaction, but alleged that the amount was obtained for the business purpose of the first respondent, and, therefore, she alone is liable to repay the amount. The first respondent filed Ext.P4 written statement denying the allegations in the plaint and the transaction in particular. On learning that the first respondent has only 1/3rd right over the attachment schedule property, the petitioner filed I.A. No.15241/2019 to modify the order of attachment to the property of the fi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.