Case Summary
This case involves a petition filed by defendants Nusail Ashraf, Antony Joshy, and Vijeesh Vijayan seeking to condone a delay in filing a petition to set aside an ex parte order. The plaintiff Preethi S argues that the petition is not maintainable since a decree has already been passed in the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the defendants' petition to condone the delay in filing a petition to set aside the ex parte order since the reason provided was not sufficient.
Key Reasoning:
Why Defendant Won:
The court found the reason for the delay not valid as it did not meet the required legal standards.
The court found the reason for the delay not valid as it did not meet the required legal standards.
Supporting Evidence
Judgment Evidence:
In the result, IA stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Preethi S
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nusail Ashraf
- Party Role
- Defendant
- Party Name
- Antony Joshy
- Party Role
- Defendant
- Party Name
- Vijeesh Vijayan
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Paulson M.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shabeela P. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aswin Kailas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tobias Benny
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Varghese P. Chacko
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dennis Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Naveen T.U
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioners sought to condone the delay for setting aside an ex parte order in I.A. 2/2025 regarding mandatory and permanent prohibitory injunction.
Evidence:
the petition herein cannot be positively entertained and is therefore be dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Preethi S vs Nusail Ashraf et al regarding condonation of delay in filing IA 18/2025
Case Code Year
Case between Preethi S vs Nusail Ashraf et al regarding condonation of delay in filing IA 18/2025