Case Summary
Petitioner seeks to set aside ex parte decree in partition suit involving 27 respondents due to non-appearance of certain defendants and delayed steps.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Granting of petition to set aside ex parte decree
Case Type
Civil Suit - Partition
Final Judgment
No
Petition to set aside ex parte decree granted with condition to pay costs by a certain date.
Why Plaintiff Won:
The petitioner showed valid cause for non-appearance and delay, and the court aimed to advance substantial justice.
The petitioner showed valid cause for non-appearance and delay, and the court aimed to advance substantial justice.
Losing Side's Weaknesses:
The petitioner showed valid cause for non-appearance and delay, and the court aimed to advance substantial justice.
The petitioner showed valid cause for non-appearance and delay, and the court aimed to advance substantial justice.
Supporting Evidence
Hence, the primary function of the court to adjudicate the dispute between the parties and advance substantial justice.
Judgment Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.10,000/- (Rupees Ten thousand only) by the petitioner to the first respondent on or before 17-1-2017.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jubairiya
- Party Age
- 26
- Relation
- Daughter of Deceased Painatt Beeran
- Party Role
- Defendant
- Party Name
- Rajisha
- Relation
- Daughter of Abdul Vahab
- Party Role
- Defendant
- Party Name
- Abbas
- Party Role
- Defendant
- Party Name
- Subair
- Party Role
- Defendant
- Party Name
- Shafi
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Role
- Defendant
- Party Name
- Zeenath.N.K
- Party Role
- Defendant
- Party Name
- Uneen @ Unnippa
- Party Role
- Defendant
- Party Name
- Muhafakh
- Relation
- Represented by guardian Fathima(D10)
- Party Role
- Defendant
- Party Name
- Muhafida
- Relation
- Represented by guardian Fathima(D10)
- Party Role
- Defendant
- Party Name
- Kadeeja
- Party Role
- Defendant
- Party Name
- Fathima
- Party Role
- Defendant
- Party Name
- Abdul Vahab
- Party Role
- Defendant
- Party Name
- Paranga @ Parangu
- Party Role
- Defendant
- Party Name
- Pathummu
- Party Role
- Defendant
- Party Name
- Pathummu
- Party Role
- Defendant
- Party Name
- Faizal
- Party Role
- Defendant
- Party Name
- Shihab
- Party Role
- Defendant
- Party Name
- Khalid
- Party Role
- Defendant
- Party Name
- Zakharia
- Party Role
- Defendant
- Party Name
- Rahila
- Party Role
- Defendant
- Party Name
- Safvan
- Relation
- Represented by Pathummu(D20)
Plaintiffs Documents
None mentioned
Defendants Documents
None mentioned
Advocates
Reliefs
Relief Type:
Setting aside of ex parte decree
Outcome:
Granted
Description:
Setting aside the ex parte decree
Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.10,000/- (Rupees Ten thousand only) by the petitioner to the first respondent on or before 17-1-2017.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Jubairiya vs Rajisha et al regarding partition
Case Code Year
Case between Jubairiya vs Rajisha et al regarding partition