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OS 114/2023

Case between Meethale Arayammal Ismayil vs Kokkandiyeri Mahamood regarding setting aside of an ex parte decree.

Court
THE COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-08-26
Duration
approximately-1 year 2 months 13 days
Case Code No.
114
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Meethale Arayammal Ismayil filed a petition to set aside an ex parte decree dated 13.06.2024, arguing he had sufficient cause for his non-appearance due to health issues. Kokkandiyeri Mahamood, the respondent, objected, claiming the petition was without bonafides.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed both petitions, ruling they were not filed in good faith and lacked sufficient explanation for the delay.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both petitions, ruling they were not filed in good faith and lacked sufficient explanation for the delay.
Key Reasoning:
The court found that the petitions were without bonafides and provided insufficient explanation for the delay in filing.
Why Defendant Won:
The court found that the petitions were without bonafides and provided insufficient explanation for the delay in filing.
Supporting Evidence
The sufficient cause is not explained by the petitioner. Therefore, both the petitions are without bonafide and are only to be dismissed with costs.

Judgment Evidence:

In the result, RPIA 11/2025 and IA 1/2025 are dismissed with costs.

Parties Involved

Parties

Party Role
Defendant
Party Name
Meethale Arayammal Ismayil
Party Age
59
Relation
S/o
Party Role
Plaintiff
Party Name
Kokkandiyeri Mahamood
Party Age
63
Relation
S/o
Plaintiffs Documents
Nil
Defendants Documents
Discharge summary of Ismayil issued by Co-operative Hospital, Vatakara.

Advocates

Party Role
Defendant
Advocate Name
Sri. Ali. V
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. P. Balagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Mini. K. Koyeri
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. P. Arun Kumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
Petitions to set aside the exparte decree and to condone the delay.
Evidence:
Therefore, both the petitions are without bonafide and are only to be dismissed with costs.

Documents & Evidence

Document Type: Discharge Summary
Submitted By: Plaintiff
Relevance:
Marked to support the petitioner's claim regarding his health issue.
Reference:
Ext.A1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2023

Quick Facts

Location
Nadapuram, Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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