Case Summary
The petitioner, Soorya Narayanan, filed a petition under Order IX Rule 13 of the Code of Civil Procedure to set aside an exparte decree dated 15.12.1993 in a partition suit to assert his claim to property against defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting aside of exparte decree
Case Type
Civil Suit - Partition
Final Judgment
No
Why Plaintiff Won:
The petitioner proved lack of proper service of summons and demonstrated that the property in question was exclusively his by virtue of a gift previously made.
The petitioner proved lack of proper service of summons and demonstrated that the property in question was exclusively his by virtue of a gift previously made.
Judgment Evidence:
The court allowed the petitioner's petition on the condition of paying a cost of Rs.7,500 to the respondents.
Parties Involved
Plaintiffs
Palakkot Madathil Soorya Narayanan (Age not specified years)
Avunhikkad Desom, Pulinkavu, Post Cherukara, Perinthalmanna Taluk
Defendants
P.M. Raman Nair ((Deceased) years)
Thekkan Kuttoor Amsom, Desom and Post, Tirur Taluk
Sankaran Nair ((Deceased) years)
320 Thambu Chetti Street, Second Floor, Chennai-Pin 600001
Palakkot Madathil Madhavi Amma ((Deceased) years)
W/o Kesavan Nair, Kuttippuram Amsom, Painkannur Desom and Post
Palakkot Madathil Krishnan Nair (Age not specified years)
Kunnath House, Kuttipuram amsom, Pinkannur desom
Palakkot Madathil Karthiayani Amma (Age not specified years)
C/o Achuthan Nair, Valiyakunnu Amsom and Desom, Post Puramannur, Valanchery Via
Reliefs
Relief Type:
Setting aside of exparte decree
Outcome:
Granted
Description:
Setting aside of the exparte decree dated 15.12.1993
Evidence:
The court allowed the petitioner's petition on the condition of paying a cost of Rs.7,500 to the respondents.
Documents & Evidence
Document Type:
Various Medical Reports, Tax Receipts, Possession Certificates
Submitted By:
Plaintiff
Relevance:
Submitted by petitioner to support the claim of property ownership and health issues.
Reference:
Ext.A1 to A12
Document Type:
Acknowledgment
Submitted By:
Defendant
Relevance:
Marked for respondent in the proceedings.
Reference:
B1