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RP.118/2023

Case between Fousiya vs Hussain regarding ex parte decree

Court
THE ADDITIONAL MUNSIFF, KOLLAM
Judge
Smt. Sofia.T.A.
Order Date
2025-08-23
Duration
approximately-21 years 8 months
Case Code No.
118
Case Closed
Sat, 08/23/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Fousiya, the petitioner and defendant, filed for setting aside an ex parte decree issued in 2017 against her, citing lack of knowledge and delay in filing. Hussain is the respondent and plaintiff opposing the petition.

Judgment Outcome

Defendant Won
Interim Order
The petitions filed by the defendant to set aside the ex parte decree were dismissed based on the finding of negligence and the inordinate delay in filing.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petitions filed by the defendant to set aside the ex parte decree were dismissed based on the finding of negligence and the inordinate delay in filing.
Key Reasoning:
The petitioner failed to prove sufficient cause for the delay in filing the petition.
Why Defendant Won:
The petitioner failed to prove sufficient cause for the delay in filing the petition.
Supporting Evidence
The petitioner had sufficient knowledge about the suit, and it is an act of negligence and inaction on the part of the petitioner/defendant which led to an inordinate delay of 2056 days for filing the petition to set aside ex parte decree.

Judgment Evidence:

In the result, these petitions are dismissed with costs to the respondent.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Hussain
Relation
S/o
Party Role
Defendant
Party Name
Fousiya
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Prasanth. R.S.
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
Petition to set aside the exparte decree and condone the delay.
Evidence:
In the result, these petitions are dismissed with costs to the respondent.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
RP.
Case Code Year
2023

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Thu, 02/20/2003 - 12:00
Case Closed
Sat, 08/23/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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