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Restoration Petition. 173/2024 in OS 279/2024

Case between Praveen Kumar et al vs Vijayappan regarding setting aside exparte decree

Court
Court of the Munsiff
Judge
Smt. Jyothi Babu R.
Order Date
2025-10-08
Duration
approximately-2 years 11 months
Case Closed
Wed, 10/08/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Praveen Kumar and his co-petitioners seeking to set aside an exparte decree against them. The respondent, Vijayappan, opposed the petition on grounds of delayed filing and lack of evidence.

Judgment Outcome

Defendant Won
Interim Order
The petition to set aside the exparte decree was dismissed by the court due to lack of sufficient evidence and unexplained delay in filing.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to set aside the exparte decree was dismissed by the court due to lack of sufficient evidence and unexplained delay in filing.
Key Reasoning:
Petitioner failed to produce adequate evidence to support his claims regarding hospitalization and the reasons for delay.
Why Defendant Won:
Petitioner failed to produce adequate evidence to support his claims regarding hospitalization and the reasons for delay.
Supporting Evidence
The petitioner has failed to explain the delay in filing the petition with sufficient reason.

Judgment Evidence:

As the petitioner failed to prove his case, this petition cannot be allowed. Petition is dismissed accordingly.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Praveen Kumar
Party Age
35
Relation
S/o
Party Role
Plaintiff
Party Name
Prajitha
Party Age
30
Relation
D/o
Party Role
Plaintiff
Party Name
Pranav
Party Age
27
Relation
S/o
Party Role
Defendant
Party Name
Vijayappan
Party Age
58
Relation
S/o
Plaintiffs Documents
Out Patient record dated 18.11.2021.
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sasikumar Anickadu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Greeshma Viji
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Salomi Cissil Biju
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The petitioner prayed to set aside the exparte decree passed against him.
Evidence:
As the petitioner failed to prove his case, this petition cannot be allowed. Petition is dismissed accordingly.

Documents & Evidence

Document Type: Out Patient record
Submitted By: Defendant
Relevance:
The document was produced to support the petitioner's claim of being hospitalized due to physical torture.
Reference:
Ext.A1

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Praveen Kumar et al vs Vijayappan regarding setting aside exparte decree
Case Code Year
Case between Praveen Kumar et al vs Vijayappan regarding setting aside exparte decree

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Mon, 01/01/2024 - 12:00
Case Closed
Wed, 10/08/2025 - 12:00
From
Wed, 10/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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