RC(OP).No. 35/2018

Case between Nazer vs Hafsath regarding setting aside an exparte order

Court

COURT OF THE RENT CONTROLLER, KOLLAM

Judge

Smt.Ragi.S.

Order Date

2025-11-17

Duration

approximately-7 years 20 days

Case Closed

Judgement document from eCourt website

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Case Summary

Nazer, a tenant, filed petitions to set aside an exparte order in a rent control case. Hafsath contested the petitions, arguing that Nazer repeatedly failed to appear in court.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Case Type

Rent Control Proceeding

Final Judgment

The court dismissed both the IA 01/25 and RP 65/2025 petitions, confirming the exparte order.

Key Reasoning:
The applicant failed to provide sufficient grounds for condoning the delay in filing the petition.

Why Defendant Won:
The applicant failed to provide sufficient grounds for condoning the delay in filing the petition.

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. No costs.

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: Rejected

Description:

IA 01/25 and RP 65/2025 are dismissed.

Evidence:

In the result, IA 01/25 and RP 65/2025 are dismissed.

Documents & Evidence

Case Classification