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Restoration Petition 7/2024 in O.S 144/2016

Case between Manu Alexander et al vs Annie Kuruvila et al regarding setting aside exparte judgment

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-03-29
Duration
approximately-1 year 1 month
Case Closed
Sat, 03/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition filed by the second plaintiff, Manu Alexander, to set aside an exparte judgment passed in O.S 144/2016. The plaintiffs argue that the judgment was made without proper representation and claim procedural impropriety.

Judgment Outcome

Defendant Won
Interim Order
The petition to set aside the exparte judgment was dismissed as the petitioner failed to provide sufficient cause for her absence and alleged impropriety.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to set aside the exparte judgment was dismissed as the petitioner failed to provide sufficient cause for her absence and alleged impropriety.
Key Reasoning:
The petitioner did not convince the court with sufficient cause for her failure to appear and pursue her case.
Why Defendant Won:
Not available
Supporting Evidence
The petitioner is bound to convince the court with sufficient cause for her failure to avail the chance of cross-examining the plaintiff herein.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Manu Alexander
Party Age
49
Relation
S/o
Party Role
Plaintiff
Party Name
Smt. Johncy Manu
Party Age
47
Relation
W/o
Party Role
Plaintiff
Party Name
Antony Joseph
Party Age
71
Relation
S/o
Party Role
Defendant
Party Name
Annie Kuruvila
Party Age
72
Relation
W/o
Party Role
Defendant
Party Name
Nimmy Kuruvila
Party Age
47
Relation
D/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
S. Sabarinadh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Indulekha Joseph
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sethulaksmi Rajeevan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
K.A. George
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
The petition to set aside the exparte judgment passed in OS No 144/2016.
Evidence:
As the petitioner failed to convince the court with sufficient cause to get the exparte order set aside, the petition is liable to be dismissed.

Documents & Evidence

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
Case between Manu Alexander et al vs Annie Kuruvila et al regarding setting aside exparte judgment
Case Code Year
Case between Manu Alexander et al vs Annie Kuruvila et al regarding setting aside exparte judgment

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Case Closed
Sat, 03/29/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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