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OS 29/2013

Case between KUNNOTH KUNHIKKELU vs KUNNOTH RAJU et al regarding setting aside an exparte decree

Court
THE COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-07-09
Duration
approximately-10 years 4 months
Case Code No.
29
Case Closed
Wed, 07/09/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
The court dismissed the petitions to set aside the exparte decree and condone the delay, citing lack of sufficient cause.
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.
Why Defendant Won:
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

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Tue, 01/01/2013 - 12:00
Case Closed
Wed, 07/09/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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