Case Summary
Petitioners filed to set aside an exparte order in a suit seeking injunction against them for trespassing into a property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting aside exparte order
Case Type
Civil Suit - Injunction
Final Judgment
No
The court allowed the petition on the condition that petitioners pay a cost of Rs. 1500 to the respondent by 12/4/2018.
Why Plaintiff Won:
There was no willful absence on part of the defendant for not appearing in court, allowing the petitioners to present their contentions.
There was no willful absence on part of the defendant for not appearing in court, allowing the petitioners to present their contentions.
Losing Side's Weaknesses:
There was no willful absence on part of the defendant for not appearing in court, allowing the petitioners to present their contentions.
There was no willful absence on part of the defendant for not appearing in court, allowing the petitioners to present their contentions.
Supporting Evidence
The suit was decreed exparte on 06-03-2017. There was no willful laches on the part of the defendant for not appearing before court. Petitioners have got serious contentions in the case. An opportunity be given to the petitioners to substantiate their contentions in the suit. Otherwise irreparable injury will be caused to the petitioners. Hence the petition is filed to set aside exparte decree dated 06-03-2017. There is no sufficient proof adduced from the part of the petitioners in order to show specific reason for his absent after receipt of summons.
Judgment Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.1500/- (Rupees one thousand and five hundred only) by the petitioners to the respondent on or before 12/4/2018.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mini
- Relation
- W/o Vaithalaparamban Yahkkoob
- Party Role
- Defendant
- Party Name
- Vaithalaparamban Yahkkoob
- Relation
- S/o Chekkumoyin Haji
- Party Role
- Defendant
- Party Name
- Pallithodi Moidutty
- Relation
- S/o Pallithodi Kunhalan
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Basil Koya Thangal.O.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Jayaprakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Setting aside exparte order
Outcome:
Granted
Description:
To set aside exparte order dated 06-03-2017
Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.1500/- (Rupees one thousand and five hundred only) by the petitioners to the respondent on or before 12/4/2018.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Mini et al vs Pallithodi Moidutty regarding injunction
Case Code Year
Case between Mini et al vs Pallithodi Moidutty regarding injunction