Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
INTERLOCUTORY APPLICATION No.3023 OF 2017

Case between Aydru Master's children et al vs Saifudhheen et al regarding mandatory injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B
Order Date
2018-02-01
Duration
5 years
Case Closed
Fri, 02/09/2018 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
The petition was allowed on condition to pay a cost of Rs.2,500 to the respondent by a specified date, failing which the petition would stand dismissed.
Judgment Favored
Plaintiff
Relief Granted
Setting aside ex parte order
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
The petition was allowed on condition to pay a cost of Rs.2,500 to the respondent by a specified date, failing which the petition would stand dismissed.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The petitioner produced medical documents for substantiating his non-absence as specifically stated in the petition.

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

Parties

Party Role
Plaintiff
Party Name
Mumthas
Party Age
66
Relation
Manager
Party Role
Plaintiff
Party Name
Rasiya
Party Age
63
Relation
Wife of Alavi
Party Role
Plaintiff
Party Name
Rukhiya
Party Age
59
Relation
Daughter of Dr.Saidu Muhammed
Party Role
Plaintiff
Party Name
Ahammed kutty @ Babuji
Party Age
54
Party Role
Plaintiff
Party Name
Musthafa Anand
Party Age
45
Party Role
Defendant
Party Name
Saifudhheen
Party Age
62
Relation
Son of Peringattu Thodiyil deceased Kunhimoideenkutty Vydiar
Party Role
Defendant
Party Name
Rahna
Party Age
28
Relation
Wife of Moideenkutty Thottimmal, Daughter of 1st Plaintiff
Party Role
Defendant
Party Name
Abdullakutty
Party Age
57
Party Role
Defendant
Party Name
Jameela
Party Age
52
Party Role
Defendant
Party Name
Mansoor
Party Age
48
Plaintiffs Documents
Unknown
Defendants Documents
Unknown

Advocates

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.

Documents & Evidence

Case Classification

Case Type
Civil Suit - Mandatory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Aydru Master's children et al vs Saifudhheen et al regarding mandatory injunction
Case Code Year
Case between Aydru Master's children et al vs Saifudhheen et al regarding mandatory injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 01/01/2012 - 12:00
Case Closed
Fri, 02/09/2018 - 12:00
From
Thu, 02/01/2018 - 12:00
To
Wed, 02/28/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Ayisha et al vs Aayappally Muhammed et al regarding mandatory injunction
Court of the Munsiff of Tirur
Civil Suit - Mandatory Injunction Plaintiff Won
Case between Thekkepeediyekkal Muhammed vs Pulikkal Saidalavi regarding mandatory injunction
Munsiff Magistrate Court
Civil Suit - Mandatory Injunction Plaintiff Won
Case between Kadalayi Hussain et al vs Manedath Khadeeja regarding mandatory injunction
Court of the Munsiff of Tirur
Civil Suit - Mandatory Injunction Dismissed
Case between Kaladi Abdul Azeez vs Kadalambathoor Nanikkutty regarding mandatory injunction
Court of the Munsiff of Tirur
Civil Suit - Mandatory Injunction Plaintiff Won
Case between Areekkunnath Sreenivasan and Dr.K.Abdul Nazar et al regarding possession dispute
Court of the Munsiff of Tirur
Civil Suit - Mandatory Injunction Plaintiff Won