Case Summary
The case involves defendants seeking to set aside an exparte decree issued against them in a suit for permanent prohibitory and mandatory injunction. The defendants claim they were unaware of the suit due to confusion with another case during the Covid-19 pandemic.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The defendants failed to demonstrate sufficient cause for not appearing in court before the exparte decree was passed.
The defendants failed to demonstrate sufficient cause for not appearing in court before the exparte decree was passed.
Judgment Evidence:
In the result, these applications are dismissed with costs to the respondent.
Parties Involved
Plaintiffs
Kanicheril Varghese Philip (72 years)
Apartment No. 8A, SFS Cherry Hills, Kuravankonam P.O., Kowdiar, Thiruvananthapuram District. PIN-695 003.
Annie Philip (67 years)
Apartment No. BA, SFS Cherry Hills, Kuravankonam P.O., Kowdiar, Thiruvananthapuram District. PIN 695 003.
Defendants
Safiya (65 years)
11/639, Thottumughath House, Kunnumpuram, Fort Kochi, Ernakulam District, PIN-682 001.
Saleeja Physal (45 years)
Naduvilakathu House, Edavanakkad, Ernakulam District, PIN-682 502.
Sunaija (39 years)
Thanathuparambil House, Edavanakkad, Ernakulam District, PIN-682 502.
Shakeela Haris (54 years)
6/695, Bazar Road, Mattanchery, Ernakulam District, PIN-682 002.
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
The petitioners prayed for condoning the delay and to set aside the exparte decree dated 21.07.2022.
Evidence:
Hence point No. 2 is found against the Petitioners.