Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
INTERLOCUTORY APPLICATION No. .1209 OF 2018

Case between Saidalavi Thangal vs Moideen Koya Haji regarding compensation for malicious prosecution

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-07-04
Duration
3 years 4 days
Case Closed
Wed, 07/04/2018 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Petitioner, Saidalavi Thangal, filed an application to set aside an ex-parte decree dated 21.03.2018 in a compensation suit for malicious prosecution.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition on condition that the petitioners pay a cost of Rs.2,500/- to the respondent by 4/7/2018, failing which the petition would stand dismissed.
Judgment Favored
Plaintiff
Relief Granted
Allowance of petition on condition to pay cost of Rs.2,500/-
Case Type
Civil Suit - Compensation for Malicious Prosecution
Final Judgment
No
The court allowed the petition on condition that the petitioners pay a cost of Rs.2,500/- to the respondent by 4/7/2018, failing which the petition would stand dismissed.
Why Plaintiff Won:
The petitioner successfully argued that their non-appearance before the court was due to genuine health reasons and not willful laches.
Losing Side's Weaknesses:
The petitioner successfully argued that their non-appearance before the court was due to genuine health reasons and not willful laches.
Supporting Evidence
The petitioner's have got serious contentions in the case. The defendant was laid up due to back pain and knee pain, and he consulted a doctor and doctor suggested to take rest. So, the defendant could not appear before court on 17-03-2018. When the defendant enquired the matter with the counsel, he came to know that an exparte decree was passed against him on 21.03.2018. There was no willful laches on the part of the defendant for not appearing before court. Petitioners have got serious contentions in the case.

Judgment Evidence:

In the result, the petition is allowed on condition to pay cost of Rs.2,500/- ( Rupees Two thousand and five hundred only) by the petitioners to the respondent on or before 4/7/2018. In default of payment of cost, the petition shall stand dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Saidalavi Thangal
Relation
S/o Cherukoya Thangal
Party Role
Defendant
Party Name
Moideen Koya Haji
Relation
S/o Koyakkutty
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned

Advocates

Party Role
Plaintiff
Advocate Name
Sri.M.A.Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Nazir Ahammed
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Setting aside ex-parte decree
Outcome: Granted
Description:
Setting aside the ex-parte decree dated 21.03.2018
Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.2,500/- ( Rupees Two thousand and five hundred only) by the petitioners to the respondent on or before 4/7/2018. In default of payment of cost, the petition shall stand dismissed.

Documents & Evidence

Case Classification

Case Type
Civil Suit - Compensation for Malicious Prosecution
Category
Compensation and Damages
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Saidalavi Thangal vs Moideen Koya Haji regarding compensation for malicious prosecution
Case Code Year
Case between Saidalavi Thangal vs Moideen Koya Haji regarding compensation for malicious prosecution

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 01/01/2015 - 12:00
Case Closed
Wed, 07/04/2018 - 12:00
From
Sun, 07/01/2018 - 12:00
To
Tue, 07/31/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

Similar Cases

Case between Sreenivasan vs Ashraf regarding execution of decree
Court of the Munsiff Magistrate
Execution Petition Plaintiff Won
Case between Sarada vs Ani et al regarding Debt Dispute
Munsiff Magistrate Court
Execution Proceedings Unknown
Case between Moideenkutty vs Khadeeja Umma regarding breach of contract
Court of the Munsiff of Tirur
Civil Suit Unknown
Case between Abdu Haji vs Mattathu Valappil Beeran Kutty's children et al regarding damages for demolition of compound wall
Court of the Munsiff of Tirur
Civil Suit - Damages Defendant Won
Case between Koru Kadamburath vs Nellikkat Balan regarding petition for medical grounds
Munsiff Magistrate at Tirur,Malappuram
Civil Suit Partial