Case Summary
The case involves a petition by the defendants seeking to set aside an ex parte decree passed against them in a previous suit. The plaintiffs filed an objection citing the delay and non-maintainability of the petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court dismissed the petitions filed by the defendants to set aside the ex parte decree and condone the delay in their application, as they failed to prove sufficient cause for the delay.
Key Reasoning:
The petitioners failed to prove sufficient cause to condone the delay in filing their petition.
The petitioners failed to prove sufficient cause to condone the delay in filing their petition.
Why Defendant Won:
The petitioners failed to prove sufficient cause to condone the delay in filing their petition.
The petitioners failed to prove sufficient cause to condone the delay in filing their petition.
Supporting Evidence
The petitioners had sufficient knowledge about the suit, and it is an act of negligence and inaction on the part of the petitioners/defendants.
Judgment Evidence:
In the result, these petitions are dismissed with costs to the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Veenadharan
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sakunthala
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Binukumar
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vinod
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Minimol
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sheriffa Beevi
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sherly
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Certified copy of commission report in EA 34/2020, Commission report in EA 98/2024
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Nithya R.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petition to set aside the ex parte decree and condone the delay
Evidence:
Based on the above dictum, it is clear case of negligence and inaction on the part of the petitioners. The petition filed only for the purpose of drag the execution proceeding. So, I am not inclined to allow the petition.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Certified copy of commission report in EA 34/2020
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Commission report in EA 98/2024
Reference:
Ext.B2
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
RP
Case Code Year
2024