Case Summary
The case involves Rev.Fr.Thomas Panicker as the plaintiff and Arun Chandukandi @ Arun C.K as the defendant. The defendant filed a petition to set aside an exparte decree passed against him.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petitions filed by the defendant to set aside the exparte decree. The court found that there was no valid reason for the delay in filing the petition.
Key Reasoning:
The court found no evidence to support the defendant's claims of not receiving summons.
The court found no evidence to support the defendant's claims of not receiving summons.
Why Defendant Won:
Not available
Not available
Supporting Evidence
There are absolutely no materials before the Court to show that the petitioner was prevented from filing the petition.
Judgment Evidence:
In the result, IA 01/2024 and RP 229/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rev.Fr.Thomas Panicker
- Party Role
- Defendant
- Party Name
- Arun Chandukandi @ Arun C.K
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Latheesh R.Prasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.I.Alexander Panicker
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Condonation of delay of 339 days in filing petition to set aside exparte decree.
Evidence:
Hence, the petition for condonation of delay is only to be dismissed.
Relief Type:
Other
Outcome:
Refused
Description:
Setting aside the exparte decree dated 20/10/2023.
Evidence:
In view of my finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2019