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RP.150/2024

Case between Laika U vs Shobana M.S regarding setting aside the exparte decree.

Court
COURT OF THE ADDITIONAL MUNSIFF, KOLLAM
Judge
Smt. Sofia.T.A.
Order Date
2025-07-15
Duration
approximately-1 year 9 months
Case Code No.
150
Case Closed
Mon, 10/16/2023 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Laika U, the petitioner, seeks to set aside an exparte decree passed in OS No.702/2021. Shobana M.S is the respondent, opposing the petition for condoning the delay in filing.

Judgment Outcome

Defendant Won
Interim Order
The petitions for setting aside the exparte decree have been dismissed with costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petitions for setting aside the exparte decree have been dismissed with costs.
Key Reasoning:
The court found that sufficient cause was not shown to condone the delay in filing the application.
Why Defendant Won:
The court found that sufficient cause was not shown to condone the delay in filing the application.
Supporting Evidence
The petitioner failed to prove sufficient cause to condone the delay due to negligence and inaction on her part.

Judgment Evidence:

In the result, these petitions are dismissed with costs to the respondent.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shobana M.S
Relation
W/o
Party Role
Defendant
Party Name
Laika U
Relation
W/o
Plaintiffs Documents
Notification No.1/2024 issued by Bar Counsel of Kerala, Judgment of Hon’ble Highcourt of Kerala vide OP(C) No.281 of 2022
Defendants Documents
Copy of affidavit in OS 702/2021

Advocates

Party Role
Defendant
Advocate Name
SOORAJ R
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nil
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
Petition to set aside the ex-parte decree and condone the delay.
Evidence:
Based on the above dictum, it is clear case of negligence and inaction on the part of the petitioner. The petition filed only for the purpose of drag the execution proceeding. So, I am not inclined to allow the petition.

Documents & Evidence

Document Type: Notification
Submitted By: Plaintiff
Relevance:
Notification regarding the suspension of an advocate relevant to the case.
Reference:
Ext.A1
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Judgment of the Hon’ble High Court of Kerala relevant to the case.
Reference:
Ext.A2
Document Type: Affidavit
Submitted By: Defendant
Relevance:
Copy of affidavit relevant to the original suit OS 702/2021.
Reference:
Ext.B1

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
RP.
Case Code Year
2024

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Sat, 10/16/2021 - 12:00
Case Closed
Mon, 10/16/2023 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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