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
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
Why Plaintiff Won:
The court concluded that the petitioner was negligent in pursuing the matter but allowed the petition to ensure a fair resolution.
The court concluded that the petitioner was negligent in pursuing the matter but allowed the petition to ensure a fair resolution.
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
Plaintiffs
Kathiya Umma (Age not specified years)
Peediyekkal House, Kalpakanchery amsom Thozhannur desom, P.O.Kuruka, Tirur Taluk
Defendants
Ahammedukutty (Age not specified years)
Kottayil House, Kalpakanchery amsom Thozhannur desom, P.O.Kuruka, Tirur Taluk
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.