Case Summary
This case involves an interlocutory application regarding setting aside an exparte order in a suit for mandatory injunction. The petitioners sought relief due to the mother's medical emergency preventing their appearance in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting aside ex parte order
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
Why Plaintiff Won:
The petitioner's absence was due to a genuine medical emergency involving the mother, leading to a delay in the case. A cost was imposed to compensate the respondent for the inconvenience caused.
The petitioner's absence was due to a genuine medical emergency involving the mother, leading to a delay in the case. A cost was imposed to compensate the respondent for the inconvenience caused.
Judgment Evidence:
The petition is allowed on condition to pay a cost of Rs.2,500/- (Rupees Two thousand and five hundred only) by the petitioners to the respondent on or before 9.02.2018.
Parties Involved
Plaintiffs
Mumthas (66 years)
A.M.U.P.School, Irumbiliyam.P.O. PIN 679 572
Rasiya (63 years)
Pallathodi House, P.O.Kattuppara, Pulamanthol
Rukhiya (59 years)
D/o Dr.Saidu Muhammed, Irumbiliyam.P.O. PIN 679 572
Ahammed kutty @ Babuji (54 years)
Irimbiliyam amsom desom, Tirur Taluk
Musthafa Anand (45 years)
Kattipparuthi amsom desom, Valancheri.P.O.
Muneera (41 years)
A.M.U.P.School, Irumbiliyam.P.O. PIN 679 572
Noushad Pottengal (40 years)
A.M.U.P.School, Irumbiliyam.P.O.
Defendants
Saifudhheen (62 years)
Irumbiliyam.P.O. PIN 679 572
Rahna (28 years)
Pange amsom desom, Tirur Taluk
Abdullakutty (57 years)
Irumbiliyam.P.O. PIN 679 572
Jameela (52 years)
Palapra Kotteth House, Pange amsom desom, Tirur Taluk
Mansoor (48 years)
Irimbiliyam amsom and desom
Reliefs
Relief Type:
Setting aside ex parte order
Outcome:
Granted
Description:
Petitioners allowed to set aside ex parte order on condition to pay cost of Rs.2,500 to respondent
Evidence:
The petition is allowed on condition to pay a cost of Rs.2,500/- (Rupees Two thousand and five hundred only) by the petitioners to the respondent on or before 9.02.2018.