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
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.
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
Plaintiffs
Sandhya (Age not specified years)
Thekke Palliyodaparambil House, Kaloor P O, Pin- 682306, Eroor Desom, Nadama Village, Kanayannur Taluk, Ernakulam District
Mohan (Age not specified years)
Thekke Palliyodaparambil House, Kaloor P O, Pin- 682306, Eroor Desom, Nadama Village, Kanayannur Taluk, Ernakulam District
Defendants
K M Sukumaran (72 years)
Kuruvathuruthil House, Manjelippadam, Eroor Desom, Eroor P O, Nadama Village, Kanayanoor Taluk, Ernakulam District, Pin- 682306
Second Petitioner (70 years)
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.