O.S No. 102/2021

Case between Bijin P.R et al vs Kerala Water Authority et al regarding petition to set aside ex parte decree

Court

THE COURT OF THE MUNSIFF, ERNAKULAM

Judge

Sri. Nanda Krishna M.

Order Date

2025-06-13

Duration

approximately-1 year 7 days

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Case Summary

The case involves Bijin P.R and others seeking relief against the Kerala Water Authority and its officials for an ex parte decree passed due to their non-appearance. The petitioners argue that their absence was due to the lack of legal representation.

Judgment Outcome

Defendant Won

Interim Order

The court allowed the petitions to set aside the ex parte decree against the defendants, indicating that their absence was due to lack of legal representation rather than willful default.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The court recognized that the delay in representation was due to bureaucratic issues rather than negligence.

Judgment Evidence:

In light of the above, I am inclined to allow the petitions. The delay occasioned in filing the petition to set aside ex parte decree is hereby condoned. The ex parte decree against the petitioners dated 20/12/2023 is set aside.

Parties Involved

Plaintiffs

Bijin P.R (Age not specified years) Palliparambil, SNRRA-59, Chuttupadukara, Edappally P.O, Ernakulam The Municipal Corporation of Kochi (Age not specified years) Kochi Municipal Corporation Office, Park Avenue road The Assistant Executive Engineer, Edappally Zonal Office (Age not specified years) Kochi Municipal Corporation, Ernakulam Smitha P.J (Age not specified years) Assistant Executive Engineer, Edapally Zonal Office, Kochi Municipal Corporation, Ernakulam

Defendants

The Kerala Water Authority (Age not specified years) Jal Bhavan, Head Office, Vellayambalam, Thiruvananthapuram The Assistant Executive Engineer, Kerala Water Authority (Age not specified years) Kerala Water Works Sub Division, Kaloor, Ernakulam Seena S.S (Age not specified years) PRA-197A Kochuparambil, North end of Ponevazhi New cross road, AIMS P.O, Ernakulam The Assistant Engineer, Kerala Water Authority (Age not specified years) Water works sub division, Kaloor, Ernakulam Sharlin Babu (Age not specified years) Water works sub division, Kaloor, Ernakulam

Reliefs

Relief Type: Other

Outcome: Granted

Description:

The ex parte decree against the petitioners dated 20/12/2023 is set aside.

Evidence:

Hence I am inclined to allow the petitions. The delay occasioned in filing the petition to set aside ex parte decree is hereby condoned. The ex parte decree against the petitioners dated 20/12/2023 is set aside.