Case Summary
The case involves Defendants Malathy Toledar and Neena seeking to set aside an ex parte decree granted to Plaintiff Rakhi Vittal, due to the Defendants' inability to present their case on medical grounds. The court found sufficient reason to condone the delay in filing the review petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Ex parte decree dated 11.07.2023 set aside on payment of costs.
Case Type
Restoration Petition
Final Judgment
No
Key Reasoning:
The court found sufficient cause for condoning the delay due to the Defendants' serious medical issues.
The court found sufficient cause for condoning the delay due to the Defendants' serious medical issues.
Judgment Evidence:
In the result, petitions are allowed. 1) IA.9/2025 is allowed upon payment of costs of Rs.3,000/-. Delay of 640 days in filing R.P.94/2025 is condoned. 2) R.P. 94/2025 is allowed on payment of costs of Rs.3,000/- to plaintiff. Ex parte Decree dated 11.07.2023 is set aside.
Parties Involved
Plaintiffs
Rakhi Vittal, alias Rakhi Suresh Sheth (51 years years)
X/524, Amaravathy, Kochi- 682 001
Defendants
Malathy Toledar (68 years years)
Thannikkal House, Elamakkara P O, Ernakulam, Kochi- 682 026
Neena (48 years years)
Thannikkal House, Elamakkara P O, Ernakulam, Kochi- 682 026
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Condonation of delay in filing restoration petition
Evidence:
IA.9/2025 is allowed upon payment of costs of Rs.3,000/-. Delay of 640 days in filing R.P.94/2025 is condoned.
Relief Type:
Other
Outcome:
Granted
Description:
Setting aside the ex-parte decree
Evidence:
R.P. 94/2025 is allowed on payment of costs of Rs.3,000/- to plaintiff. Exparte Decree dated 11.07.2023 is set aside.