Case Summary
RAJEESH KUMAR, the petitioner, seeks to set aside an exparte decree dated 23.07.2025, claiming he was unable to file a written statement due to health issues. NAVAS. K, the respondent, contends that the petition is not maintainable and that the petitioner had ample opportunity to file the statement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition RPIA 14/2025 is dismissed with costs as the court found it lacked bonafides.
Key Reasoning:
The court determined the petition lacked merit as the petitioner had sufficient opportunity to file the written statement and failed to do so.
The court determined the petition lacked merit as the petitioner had sufficient opportunity to file the written statement and failed to do so.
Why Defendant Won:
The court determined the petition lacked merit as the petitioner had sufficient opportunity to file the written statement and failed to do so.
The court determined the petition lacked merit as the petitioner had sufficient opportunity to file the written statement and failed to do so.
Supporting Evidence
The intention of the petitioner is not at all bonafide in presenting the present application.
Judgment Evidence:
In the result, RPIA 14/2025 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- RAJEESH KUMAR
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- NAVAS. K
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Medical certificate dated 05.07.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Manoj Aroor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Muhammad Ali. E. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Lineesh Kumar. P. C
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rashid Kavil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petitioner requested to set aside the exparte decree.
Evidence:
Therefore, the intention of the petitioner is not at all bonafide in presenting the present application.
Documents & Evidence
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
The petitioner produced this document to support his claim of being unable to file a written statement due to health reasons.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between RAJEESH KUMAR vs NAVAS. K regarding petition to set aside exparte decree
Case Code Year
Case between RAJEESH KUMAR vs NAVAS. K regarding petition to set aside exparte decree