Case Summary
Nazer, the petitioner, is seeking to set aside an exparte order against him in favor of Hafsath. The case revolves around procedural issues concerning the absence of representation and procedural delays in the original petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court dismissed both applications IA 01/25 and RP 65/2025, concluding that there was no sufficient ground to set aside the exparte order.
Key Reasoning:
The delay in filing RP 65/2025 was not sufficiently explained as required under law.
The delay in filing RP 65/2025 was not sufficiently explained as required under law.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It is settled in law that the period who is sleeping over his rights is not entitled to get the remedies through the process of court and there is no reason stated or proved to condone the long delay of 55 days in filing RP 65/2025.
Judgment Evidence:
In the result, IA 01/25 and RP 65/2025 are dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nazer
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hafsath
- Party Age
- 47
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.I.Alexander Panicker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.C.Ushadevi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Dismissed
Description:
Application for condoning the delay of 55 days in filing RP 65/2025.
Evidence:
Therefore, the contention that it was not included in the list is incorrect.
Relief Type:
Other
Outcome:
Dismissed
Description:
RP 65/2025 filed to set aside the exparte order dated 10/02/2025.
Evidence:
In view of my finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Nazer vs Hafsath regarding delay in filing petition to set aside exparte order
Case Code Year
Case between Nazer vs Hafsath regarding delay in filing petition to set aside exparte order