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
The court allowed the petitioner's petition on the condition of paying a cost of Rs.7,500 to the respondents.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
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
Parties
- Party Role
- Plaintiff
- Party Name
- Palakkot Madathil Soorya Narayanan
- Relation
- S/o Ittimadhavi Amma
- Party Role
- Defendant
- Party Name
- P.M. Raman Nair
- Relation
- S/o Chelloor Ittimadhavi_Amma
- Party Role
- Defendant
- Party Name
- Sankaran Nair
- Relation
- S/o Chelloor Ittimadhavi Amma
- Party Role
- Defendant
- Party Name
- Palakkot Madathil Madhavi Amma
- Party Role
- Defendant
- Party Name
- Palakkot Madathil Krishnan Nair
- Relation
- S/o Ittimadhavi Amma
- Party Role
- Defendant
- Party Name
- Palakkot Madathil Karthiayani Amma
Plaintiffs Documents
C. T. brain Scan report, Discharge Summary, Duplex scan of carotid vessels report, ECG report, Audiogram report, Duress Summery, Culture & sensitivity report, Medical prescription, Medical certificate, Possession certificate, Order of lifting attachment, Tax receipts, SSLC Book
Defendants Documents
Acknowledgment
Advocates
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
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition Suit
Case Code
Case between Soorya Narayanan vs Raman Nair et al regarding exparte decree
Case Code Year
Case between Soorya Narayanan vs Raman Nair et al regarding exparte decree