Case Summary
The case involves KUNNOTH KUNHIKKELU as the petitioner against KUNNOTH RAJU and others regarding a petition to set aside an exparte decree passed on 19.08.2014. The petitioner claims he was not informed about the proceedings due to multiple accidents in his family.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petitions to set aside the exparte decree and condone the delay, citing lack of sufficient cause.
Key Reasoning:
The petitioner failed to present sufficient evidence and had not provided valid explanations for the delay.
The petitioner failed to present sufficient evidence and had not provided valid explanations for the delay.
Why Defendant Won:
The petitioner failed to present sufficient evidence and had not provided valid explanations for the delay.
The petitioner failed to present sufficient evidence and had not provided valid explanations for the delay.
Supporting Evidence
Thus, as per the calculation the period of delay is more than what which is stated in the petition. Thus, on the basis of the discussions the petitioner has not made out a sufficient cause to set aside the exparte decree...
Judgment Evidence:
In the result, RPIA 1/2025 and IA 1/2025 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KUNNOTH RAJU
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- KUNNOTH DEVI
- Party Age
- 59
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- KUNNOTH GEETHA
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- KUNNOTH KUNHIKKELU
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Admit Card and Medical Reports regarding family accidents.
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- Sri. N. M. Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Respondent
- Advocate Name
- Sri. P. P. Padmanabhan
- Appearance Type
- Main Counsel
- Party Role
- Respondent
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Assisting Counsel
- Party Role
- Respondent
- Advocate Name
- Sri. M. Ragesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petitioner sought to set aside the exparte decree dated 19.08.2014 and condone the delay in presenting the application.
Evidence:
Thus, on the basis of the discussions the petitioner has not made out a sufficient cause to set aside the exparte decree at condone the delay in presenting the application.
Documents & Evidence
Document Type:
Medical Report
Submitted By:
Plaintiff
Relevance:
Admit card stating that the son of the petitioner was admitted in Lakeshore Hospital after an accident.
Reference:
Ext.A1
Document Type:
Medical Report
Submitted By:
Plaintiff
Relevance:
Medical report showing that the daughter of the petitioner was admitted at Government Hospital Vatakara.
Reference:
Ext.A2
Document Type:
Medical Report
Submitted By:
Plaintiff
Relevance:
Medical report showing that the petitioner was admitted at Government Medical College, Kozhikode.
Reference:
Ext.A3
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
2013