Case Summary
The petitioners, Deepa Ganesan and Nangyarath Ayyuni Ganesh, are seeking to set aside an ex-parte decree issued against them in favor of the plaintiff, Rajesh M.D. They argue that their inability to file a written statement was due to personal difficulties and improper service of summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit on payment of costs of Rs.2,000/-
Case Type
Restoration Petition
Final Judgment
No
The court allowed the petitioners' request to set aside the ex-parte decree, granting them an opportunity to present their case, contingent upon the payment of costs to the respondent.
Why Plaintiff Won:
The court recognized that substantial issues warranted consideration and justified granting another chance for contesting the case on merits.
The court recognized that substantial issues warranted consideration and justified granting another chance for contesting the case on merits.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
This court is of the view that one more opportunity can be afforded to the petitioners herein to contest the case on merits.
Judgment Evidence:
In the result, the petition is allowed on payment of costs of Rs.2,000/- (Rupees Two Thousand only) to the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh M.D
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Deepa Ganesan
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nangyarath Ayyuni Ganesh
- Party Age
- 45
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sabu Thozhuppadan K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Fathima Haimapura
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sona Benny Vezhmbassery
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renjith R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anju Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ansil B.H.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajeesh Sasidharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed on payment of costs of Rs.2,000/- to the respondent.
Evidence:
Hence, this court is of the opinion that these petitions can be allowed on payment of costs.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Deepa Ganesan et al vs Rajesh M.D regarding setting aside ex-parte decree
Case Code Year
Case between Deepa Ganesan et al vs Rajesh M.D regarding setting aside ex-parte decree