Case Summary
N Rajesh and N Ajayakumar are plaintiffs seeking to set aside an ex-parte order. The defendant, Shamsu, opposed the petition citing delays and negligence on part of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting aside of the ex-parte order
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to set aside the ex-parte order dated 22.11.2022, granting the plaintiffs a chance to contest the case.
Why Plaintiff Won:
The court was satisfied that the delay was not due to willful negligence of the petitioners.
The court was satisfied that the delay was not due to willful negligence of the petitioners.
Losing Side's Weaknesses:
The court was satisfied that the delay was not due to willful negligence of the petitioners.
The court was satisfied that the delay was not due to willful negligence of the petitioners.
Supporting Evidence
Though there is a delay in filing the petition to set aside ex-parte decree, the court is satisfied that it is not due to the willful negligence of the petitioner herein.
Judgment Evidence:
In the result, the Petition is allowed upon payment of costs of Rs.2,000/-. Order dated 22.11.2022 setting petitioner ex-parte is set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N Rajesh
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- N Ajayakumar
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shamsu
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C S Manu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dilu Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T B Sivaprasad
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C Y Vijayakumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu Satheesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alint Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Dinesh R Shenoy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Petition is allowed upon on payment of costs of Rs.2,000/-.
Evidence:
In the result, Petition is allowed upon on payment of costs of Rs.2,000/-.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between N Rajesh et al vs Shamsu regarding setting aside ex-parte order
Case Code Year
Case between N Rajesh et al vs Shamsu regarding setting aside ex-parte order