Case Summary
Application filed to set aside an ex parte order dated 16.11.2017 in a suit for mandatory injunction due to petitioner's absence before court
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petition allowed on condition to pay cost of Rs.2,500 to respondent
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
Petition allowed on condition to pay cost of Rs.2,500 by petitioners to respondent
Why Plaintiff Won:
The court set aside the ex parte order after considering medical reasons for petitioner's absence.
The court set aside the ex parte order after considering medical reasons for petitioner's absence.
Losing Side's Weaknesses:
The court set aside the ex parte order after considering medical reasons for petitioner's absence.
The court set aside the ex parte order after considering medical reasons for petitioner's absence.
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 cost of Rs.2,500 by the petitioners to the respondent on or before 9.02.2018. In default of payment of cost, the petition shall stand dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Peringattu Thodiyil C.P.Aydru Master's children
- Party Role
- Plaintiff
- Party Name
- Musthafa Anand
- Party Age
- 50
- Party Role
- Plaintiff
- Party Name
- Muneera
- Party Age
- 46
- Party Role
- Defendant
- Party Name
- Saifudhheen
- Party Age
- 62
- 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
Medical documents for substantiating the petitioner's non absence
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Praveen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S.Hariharan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Unknown
Outcome:
Unknown
Description:
Unknown
Evidence:
Unknown
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 setting aside ex parte order
Case Code Year
Case between Aydru Master's children et al vs Saifudhheen et al regarding setting aside ex parte order