Case Summary
The petitioners, Manikkoth Ajith Kumar and Manikkoth Sangeetha Ajith, are seeking to set aside an exparte decree passed against them in a suit for permanent prohibitory injunction. They claim they were misled into believing the case would be withdrawn.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
RPIA
Final Judgment
No
The petition to set aside the exparte decree was dismissed due to inordinate delay and insufficient cause.
Key Reasoning:
The petitioners failed to provide sufficient cause for the inordinate delay in filing their application.
The petitioners failed to provide sufficient cause for the inordinate delay in filing their application.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The reason stated out by PW1 does not seem to be a sufficient one. The inordinate delay in filing this application is also not properly explained.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manikkoth Valsan
- Party Age
- 84
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Manikkoth Neena
- Party Age
- 69
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- M Sajith Kumar
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M Shajith Kumar
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Seema
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manikkoth Ajith Kumar
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manikkoth Sangeetha Ajith
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Registered notice with cover sent by Manikoth Valsan and another to Seema Balachandran and others.
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Ismail Arif Chittengadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Simon Chacko
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
The petitioners filed a petition to set aside the exparte decree.
Evidence:
Considering the same, I am of the view that this petition deserves dismissal and hence I do so.
Documents & Evidence
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
This document was used to substantiate the claim and provide notice sent by the plaintiffs to the defendants.
Reference:
Ext.A1
Case Classification
Case Type
RPIA
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Manikkoth Ajith Kumar vs Manikkoth Valsan et al regarding setting aside exparte decree.
Case Code Year
Case between Manikkoth Ajith Kumar vs Manikkoth Valsan et al regarding setting aside exparte decree.