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
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.
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.
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