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O.S.No. 101/2014

Case between Devassy alias Thomas vs V P Rajamma regarding setting aside an ex-parte decree

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2025-04-08
Duration
approximately-1 year 11 days
Case Code No.
101
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a dispute regarding a property boundary and the setting aside of an ex-parte decree. The petitioner, V P Rajamma, seeks to contest a permanent prohibitory injunction granted to the respondent, Devassy alias Thomas.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to set aside the ex-parte decree and directed the petitioner to pay costs to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Cost of Rs.2,000/- to be paid by the petitioner to the plaintiff
Case Type
Restoration Petition
Final Judgment
No
The court allowed the petition to set aside the ex-parte decree and directed the petitioner to pay costs to the plaintiff.
Why Plaintiff Won:
The court found sufficient cause for the defendant's absence and determined it was in the interest of justice to allow the case to proceed.
Losing Side's Weaknesses:
The court found sufficient cause for the defendant's absence and determined it was in the interest of justice to allow the case to proceed.
Supporting Evidence
The court is satisfied that the defendant has made out sufficient cause for not appearing before the court to contest the suit.

Judgment Evidence:

In the result, 1) Petition is allowed. Exparte decree dated 27.03.2024 is set aside.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Devassy alias Thomas
Party Role
Defendant
Party Name
V P Rajamma
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
M K Dileepan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K D Vincent
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Abraham P George
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Exparte decree dated 27.03.2024 is set aside.
Evidence:
So the exparte decree dated 27.03.2024 is liable to be set aside.
Relief Type: Other
Outcome: Granted
Description:
Petitioner is directed to pay cost of Rs.2,000/- to plaintiff within 7 days.
Evidence:
Petitioner is directed to pay cost of Rs.2,000/- to plaintiff within 7 days.

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
O.S.NO.
Case Code Year
2014

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/01/2014 - 12:00
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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