Case Summary
The case involves a petition to set aside an ex parte decree against the petitioners, K M Sukumaran and his wife, due to their failure to appear in court caused by COVID-19 lockdown restrictions and health issues. The petitioners are seeking to contest the suit on its merits after becoming aware of the decree only through a relative's inquiry.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ex parte decree dated 07.12.2023 is set aside and suit is restored to file.
Case Type
Restoration Petition
Final Judgment
No
The court allowed the petitions, condoning the delay and setting aside the ex parte decree. The suit was restored to file for the defendants to contest.
Why Plaintiff Won:
The court found sufficient grounds to allow the petitions based on the circumstances surrounding the delay.
The court found sufficient grounds to allow the petitions based on the circumstances surrounding the delay.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that there is sufficient ground to condone the delay of 78 days is occasioned. Considering the facts and circumstances of the case, I am satisfied that defendant has to be given an opportunity to contest the suit on merits.
Judgment Evidence:
In the result, petitions are allowed. 1) I.A.1/2024 is allowed. Delay of 78 days in filing R.P.118/2024 is condoned. 2) R.P. 118/2024 is allowed. Exparte decree dated 07.12.2023 is set aside. Suit is restored to file.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- K M Sukumaran
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Second Petitioner
- Party Age
- 70
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sandhya
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mohan
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Jeejan T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Biju K Chacko
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Condonement of delay in filing the petition
Evidence:
I.A.1/2024 is allowed. Delay of 78 days in filing R.P.118/2024 is condoned.
Relief Type:
Other
Outcome:
Granted
Description:
Setting aside of ex parte decree
Evidence:
R.P. 118/2024 is allowed. Exparte decree dated 07.12.2023 is set aside.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unavoidable circumstances
Case Code
Case between K M Sukumaran et al vs Sandhya, Mohanan regarding declaration and injunction
Case Code Year
Case between K M Sukumaran et al vs Sandhya, Mohanan regarding declaration and injunction