Case Summary
The case involves petitioners Sharafudeen and Kamarunnissa seeking to set aside an exparte decree passed against them in favor of the respondent Divya P R. The petitioners argue that they were unable to file their written statement in time due to pending documentation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petition allowed on condition of payment of Rs.1000/- to the respondents
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to set aside the exparte decree but imposed a cost of Rs.1000 on the petitioners.
Why Plaintiff Won:
The court found that sufficient opportunities were provided to the defendants to file their written statement.
The court found that sufficient opportunities were provided to the defendants to file their written statement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On the perusal of the proceeding sheet, it is clear that there are sufficient opportunity given to the defendants to file a written statement.
Judgment Evidence:
Hence, the petition is allowed on the condition that the petitioner shall pay costs of Rs.1000/- to the respondents on or before 26/11/2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Divya P R
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sharafudeen
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kamarunnissa
- Party Age
- 74
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Thomas John Morris
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Latheesh R. Prasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition to set aside the exparte decree was allowed on the condition that costs are paid.
Evidence:
Hence, the petition is allowed on the condition that the petitioner shall pay costs of Rs.1000/- to the respondents on or before 26/11/2025.
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
Case between Sharafudeen et al vs Divya P R regarding setting aside an exparte decree
Case Code Year
Case between Sharafudeen et al vs Divya P R regarding setting aside an exparte decree