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
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.
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
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.