Case Summary
KANIYOTH ABDUL RASAQ petitioned to set aside an exparte decree against him in a boundary dispute case with KANIYOTH SEENATH. The petitioner claims he was incapacitated by medical conditions at the time the decree was issued.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to contest case on merits upon payment of costs
Case Type
Civil Suit
Final Judgment
No
The court allowed the petitioner to contest the case on merits upon payment of costs to the respondent. The petitioner must pay Rs. 7,000 to the respondent for the inconvenience caused.
Why Plaintiff Won:
The petitioner managed to explain absence on trial date due to medical conditions, even though not every day was explained.
The petitioner managed to explain absence on trial date due to medical conditions, even though not every day was explained.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Therefore, the period of 135 days in presenting the application for condoning the delay is somewhat explained by the petitioner.
Judgment Evidence:
Hence, the petitioner is directed to effect the payment of costs of Rs.7,000 on or before 27.09.2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KANIYOTH SEENATH
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- KANIYOTH ABDUL RASAQ
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Ali. V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is allowed to contest the case on merits with conditions.
Evidence:
The petitioner is allowed to contest the case on merits however, on a payment of costs of Rs.7,000/- to the respondent for the inconvenience caused to the respondent.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is directed to pay costs within 3 days.
Evidence:
The petitioner is directed to pay the costs within a period of 3 days from the date of this order.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2021