Case Summary
Petitioners, defendants in the suit, sought to set aside an exparte decree for eviction. Respondents disputed the petition, claiming fabricated ailments and intentional absence by the petitioners in previous trial appearances.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Opportunity to contest the matter by setting aside the exparte decree
Case Type
Civil Suit - Eviction
Final Judgment
No
The petition was allowed on the condition that the petitioners pay a cost of Rs.10,000/- to the respondents by a specified date, failing which the petition shall stand dismissed.
Why Plaintiff Won:
The Court found that the petitioners had presented insufficient reasons for their absence and delay, and granted them an opportunity to contest the eviction suit.
The Court found that the petitioners had presented insufficient reasons for their absence and delay, and granted them an opportunity to contest the eviction suit.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
There is no sufficient reason for non absence and the delay caused. Since it is always desirable to have a disposal on the merits of the case, I
hold a view that the petitioners are entitled to get a opportunity to contest the matter. Therefore I hold a view that the petitioner can be allowed on condition
to pay cost of Rs.10,000/- by the petitioner to the respondent for the
inconvenience caused to them. The point is found accordingly.
Judgment Evidence:
The petition was allowed on condition to pay cost of Rs.10,000/- by the petitioners to the respondents on or before 27.07.2017.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Meleveettil Abdul Basheer's Children
- Party Role
- Defendant
- Party Name
- Madambathu Thadathil Koya Haji's Son
Plaintiffs Documents
Medical prescription dated 6.9.2016, Casuality OP ticket dated 05.09.2016
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.A.Ismail
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Opportunity to contest the matter
Outcome:
Granted
Description:
Setting aside the exparte decree to contest eviction suit
Evidence:
The petition was allowed on condition to pay cost of Rs.10,000/- by the petitioners to the respondents on or before 27.07.2017.
Documents & Evidence
Document Type:
Medical prescription
Submitted By:
Plaintiff
Relevance:
Presented as evidence of ailment for non-appearance
Reference:
Document Type:
Casuality OP ticket
Submitted By:
Plaintiff
Relevance:
Presented as evidence of hospital visit
Reference:
Case Classification
Case Type
Civil Suit - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non appearance in court proceedings
Case Code
Case between Muhammad Shahir et al vs M.T. Muhammad et al regarding eviction from property
Case Code Year
Case between Muhammad Shahir et al vs M.T. Muhammad et al regarding eviction from property