Case Summary
Kalarikkal Saidu Mohammed, the petitioner, filed an application to set aside an exparte decree passed against him in a partition suit. The decree was issued due to his absence at a trial due to health issues, which he claims were the reason for not appearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Exparte decree set aside upon payment of cost
Case Type
Interlocutory Application
Final Judgment
No
The petition to set aside the exparte decree was allowed, but a cost of Rs. 5000/- was imposed on the petitioner to be paid before a specified date.
Why Plaintiff Won:
The court observed that setting aside the decree was necessary to adjudicate the real dispute and avoid multiplicity of proceedings.
The court observed that setting aside the decree was necessary to adjudicate the real dispute and avoid multiplicity of proceedings.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am of the view that in order to finally adjudicate the real dispute between the parties and also to shorten the litigation and to avoid multiplicity of proceedings, the exparte decree passed against the petitioner is to be set aside in the interest of justice.
Judgment Evidence:
In the result, the petition is allowed and the exparte decree passed against the petitioner is set aside on payment of cost of Rs. 5000/- on or before 30-07-2019.
Parties Involved
Parties
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S.Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Praveen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed and the exparte decree passed against the petitioner is set aside on payment of cost of Rs. 5000/- on or before 30-07-2019.
Evidence:
In the result, the petition is allowed and the exparte decree passed against the petitioner is set aside on payment of cost of Rs. 5000/- on or before 30-07-2019.
Documents & Evidence
Case Classification
Case Type
Interlocutory Application
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kalarikkal Saidu Mohammed vs Kalarikkal Muahmmed kutty et al regarding relief from exparte decree
Case Code Year
Case between Kalarikkal Saidu Mohammed vs Kalarikkal Muahmmed kutty et al regarding relief from exparte decree