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O.S. No. 260/2021

Case between K M Sukumaran et al vs Sandhya, Mohanan regarding declaration and injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-08-23
Duration
approximately-4 years 8 months
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/01/2021 - 12:00
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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