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Original Suit No. 18 OF 2016

Case between Kathiya Umma vs Ahammedukutty regarding declaration of document No. 707/1998 as null and void.

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition by the defendant, Ahammedukutty, to set aside an exparte decree passed against him. The plaintiff, Kathiya Umma, opposed the petition, arguing that the defendant had no legitimate reason for his absence during the trial.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the defendant's petition to set aside the exparte decree, provided that he pays a cost of Rs. 3000. The decision was made to ensure full adjudication of the dispute.
Judgment Favored
Plaintiff
Relief Granted
The exparte decree is set aside on deposit of cost of Rs. 3000/- on or before 05.09.2019.
Case Type
Interlocutory Application
Final Judgment
No
The court allowed the defendant's petition to set aside the exparte decree, provided that he pays a cost of Rs. 3000. The decision was made to ensure full adjudication of the dispute.
Why Plaintiff Won:
The court concluded that the petitioner was negligent in pursuing the matter but allowed the petition to ensure a fair resolution.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The petitioner failed to contest the matter in spite of ample opportunities were given. No plausible explanation given as to why he was not appeared when the suit was listed for trial.

Judgment Evidence:

In the result, the petition is allowed and the exparte decree passed against the petitioner is set aside on deposit of cost of Rs. 3000/- on or before 05.09.2019.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kathiya Umma
Relation
D/o
Party Role
Defendant
Party Name
Ahammedukutty
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sri.Vipin.K.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.T.R.Vijayan
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The exparte decree passed against the petitioner is set aside.
Evidence:
the exparte decree passed against the petitioner is to be set aside in the interest of justice.
Relief Type: Other
Outcome: Granted
Description:
Imposing cost of Rs. 3000/- on the petitioner.
Evidence:
the exparte decree passed against the petitioner is to be set aside in the interest of justice. But the grievance of the respondent/plaintiff is to be obviated by imposing cost.

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 Kathiya Umma vs Ahammedukutty regarding declaration of document No. 707/1998 as null and void.
Case Code Year
Case between Kathiya Umma vs Ahammedukutty regarding declaration of document No. 707/1998 as null and void.

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 09/01/2019 - 12:00
To
Mon, 09/30/2019 - 12:00
Outcome Confidence
70%

Involved Entities

Private Individual

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