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Restoration Petition 29/2021

Case between K N Rajappan et al vs Ajithkumar T V et al regarding setting aside exparte decree

Court
Munsiff Court, Kottayam
Judge
Smt. Jyothi Babu R
Order Date
2025-05-29
Duration
approximately-6 years 1 month 25 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a petition filed by the defendants to set aside an exparte decree passed in favor of the plaintiffs. The plaintiffs allege the defendants failed to respond to the original suit, leading to a decree being passed against them.

Judgment Outcome

Defendant Won
Interim Order
The petition to set aside the exparte decree was dismissed by the court. The petitioners failed to provide sufficient reasons for the delay in filing their petition.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to set aside the exparte decree was dismissed by the court. The petitioners failed to provide sufficient reasons for the delay in filing their petition.
Key Reasoning:
The court found that the petitioners did not sufficiently explain the delay in filing the restoration petition and hence their petition was not allowed.
Why Defendant Won:
The court found that the petitioners did not sufficiently explain the delay in filing the restoration petition and hence their petition was not allowed.
Supporting Evidence
The reasons stated in the petition are not sufficient to set aside the exparte decree.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K N Rajappan
Relation
S/o
Party Role
Plaintiff
Party Name
Sreekumari
Relation
W/o
Party Role
Defendant
Party Name
Ajithkumar T V
Relation
S/o
Party Role
Defendant
Party Name
Sasidharan
Party Age
62
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Deepthi S Nath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jolly James
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Alex George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Joel Mathew
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Petition to set aside exparte decree passed on 04.04.2019.
Evidence:
In the above circumstances, I am of the view that the petition cannot be allowed.

Documents & Evidence

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between K N Rajappan et al vs Ajithkumar T V et al regarding setting aside exparte decree
Case Code Year
Case between K N Rajappan et al vs Ajithkumar T V et al regarding setting aside exparte decree

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Wed, 04/04/2018 - 12:00
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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