Case Summary
Petitioner filed a petition to set aside an ex parte order in a suit filed for demarcating the way and permanent prohibitory injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting aside the ex parte order
Case Type
Civil Suit - Injunction
Final Judgment
No
The petition was allowed on condition of paying a cost of Rs. 4,000 to the respondent.
Why Plaintiff Won:
The petitioners were granted the relief as they provided valid reasons for their absence during the trial.
The petitioners were granted the relief as they provided valid reasons for their absence during the trial.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The suit was decreed exparte on 18.9.2017. There was no willful laches on the part of the defendant for not appearing before court. Petitioners have got serious contentions in the case. An opportunity be given to the petitioners to substantiate their contention.
Judgment Evidence:
In the result, the petition is allowed on condition to pay cost of Rs. 4000 by the petitioners to the respondent on or before 29.01.2018. In default of payment of cost, the petition shall stand dismissed.
Parties Involved
Parties
Plaintiffs Documents
Medical document showing treatment details of petitioner's wife
Defendants Documents
Not available
Advocates
- Party Role
- Petitioner
- Advocate Name
- Sri.V. Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Respondent
- Advocate Name
- Sri.E.C.Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Setting aside ex parte order
Outcome:
Granted
Description:
To set aside an ex parte order in the suit filed for demarcating the way and permanent prohibitory injunction.
Evidence:
The petition is allowed on condition to pay cost of Rs. 4000 by the petitioners to the respondent on or before 29.01.2018. In default of payment of cost, the petition shall stand dismissed.
Documents & Evidence
Document Type:
Medical Document
Submitted By:
Petitioner
Relevance:
Medical document showing treatment details of petitioner's wife.
Reference:
Ext.A1 Series
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ganesan et al vs Prasad et al regarding permanent prohibitory injunction
Case Code Year
Case between Ganesan et al vs Prasad et al regarding permanent prohibitory injunction