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
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.
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.
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