Case Summary
The petitioners/defendants are seeking to set aside an ex parte decree from June 7, 2022. They argue that they could not appear due to COVID-19 restrictions and only learned of the decree following the death of the original plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to set aside the ex parte decree, enabling the defendants to contest the suit on its merits.
Key Reasoning:
The defendants were not given a fair opportunity to present their case due to the pandemic and the subsequent lack of knowledge about the decree.
The defendants were not given a fair opportunity to present their case due to the pandemic and the subsequent lack of knowledge about the decree.
Why Defendant Won:
Not available
Not available
Supporting Evidence
For the reasons stated in the accompanying affidavit and considering the covid 19 pandemic restrictions and for the disposal of the suit on merit, I am of the view that one more opportunity is to be granted to the petitioners/defendants to contest the suit on merit.
Judgment Evidence:
In the result, IA.2/24 and RP. 233/24 are allowed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syamala Kumari.K
- Party Age
- 74
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Uma Maheswari
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Remya Mohan
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Reshmi Mohan
- Party Age
- 29
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- B.Abhilash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sheeja Kannan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Delay condoned and the exparte decree dated 07/6/22 is set aside
Evidence:
Hence IA. 2/24 allowed, delay condoned and the exparte decree dated 07/6/22 is set aside.
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
RP.NO.
Case Code Year
2024