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INTERLOCUTORY APPLICATION No.2920 OF 2017

Case between Mini et al vs Pallithodi Moidutty regarding injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B.
Order Date
2018-04-06
Duration
1 year
Case Closed
Thu, 04/12/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioners filed to set aside an exparte order in a suit seeking injunction against them for trespassing into a property.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition on the condition that petitioners pay a cost of Rs. 1500 to the respondent by 12/4/2018.
Judgment Favored
Plaintiff
Relief Granted
Setting aside exparte order
Case Type
Civil Suit - Injunction
Final Judgment
No
The court allowed the petition on the condition that petitioners pay a cost of Rs. 1500 to the respondent by 12/4/2018.
Why Plaintiff Won:
There was no willful absence on part of the defendant for not appearing in court, allowing the petitioners to present their contentions.
Losing Side's Weaknesses:
There was no willful absence on part of the defendant for not appearing in court, allowing the petitioners to present their contentions.
Supporting Evidence
The suit was decreed exparte on 06-03-2017. There was no willful laches on the part of the defendant for not appearing before court. Petitioners have got serious contentions in the case. An opportunity be given to the petitioners to substantiate their contentions in the suit. Otherwise irreparable injury will be caused to the petitioners. Hence the petition is filed to set aside exparte decree dated 06-03-2017. There is no sufficient proof adduced from the part of the petitioners in order to show specific reason for his absent after receipt of summons.

Judgment Evidence:

In the result, the petition is allowed on condition to pay cost of Rs.1500/- (Rupees one thousand and five hundred only) by the petitioners to the respondent on or before 12/4/2018.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mini
Relation
W/o Vaithalaparamban Yahkkoob
Party Role
Defendant
Party Name
Vaithalaparamban Yahkkoob
Relation
S/o Chekkumoyin Haji
Party Role
Defendant
Party Name
Pallithodi Moidutty
Relation
S/o Pallithodi Kunhalan
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Muhammed Basil Koya Thangal.O.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. K.P. Jayaprakash
Appearance Type
Main Counsel

Reliefs

Relief Type: Setting aside exparte order
Outcome: Granted
Description:
To set aside exparte order dated 06-03-2017
Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.1500/- (Rupees one thousand and five hundred only) by the petitioners to the respondent on or before 12/4/2018.

Documents & Evidence

Case Classification

Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Mini et al vs Pallithodi Moidutty regarding injunction
Case Code Year
Case between Mini et al vs Pallithodi Moidutty regarding injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 04/06/2017 - 12:00
Case Closed
Thu, 04/12/2018 - 12:00
From
Sun, 04/01/2018 - 12:00
To
Mon, 04/30/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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