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
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.
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.
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