Case Summary
This case involves a petition filed by the defendants to set aside an exparte judgment passed against them. The defendants claim that they were unaware of the judgment due to the demise of one of their family members who was handling the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Costs of Rs.500/- to the respondent
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to set aside the exparte judgment, granting the defendants one more opportunity to contest the case while imposing costs on them for the delay caused.
Why Plaintiff Won:
The court found that the petitioners established a good cause for their non-appearance.
The court found that the petitioners established a good cause for their non-appearance.
Losing Side's Weaknesses:
The court found that the petitioners established a good cause for their non-appearance.
The court found that the petitioners established a good cause for their non-appearance.
Supporting Evidence
the petitioners had stated sufficient causes for their non appearance and contesting the case. Hence this court is of the view that the petitioner herein has established a good cause for no appearance.
Judgment Evidence:
In the result, this petition is allowed on cost of Rs.500/- to the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kuriakose
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankamma
- Party Age
- 67
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anu T Joseph
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Mathew P Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soumya Kumari T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hazeemkhan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.S.Dileep
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition is allowed on cost of Rs.500/- to the respondent.
Evidence:
In the result, this petition is allowed on cost of Rs.500/- to the respondent.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Kuriakose vs Biju et al regarding setting aside an exparte judgment
Case Code Year
Case between Kuriakose vs Biju et al regarding setting aside an exparte judgment