Case Summary
Chengotta Pilakilodiyil Sukumaran is the petitioner seeking to set aside an ex-parte order against him due to his absence caused by a cataract surgery. Tharammal Kunhabdulla and others are the respondents contesting the petition's maintainability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The petitioner shall deposit ₹6000 as costs to the respondents within 14 days.
Case Type
Rent Control
Final Judgment
No
The application to set aside the ex-parte order was allowed. The petitioner is required to deposit costs of ₹6000 to the respondents within 14 days.
Why Plaintiff Won:
The petitioner made out a sufficient cause for his absence due to medical reasons.
The petitioner made out a sufficient cause for his absence due to medical reasons.
Losing Side's Weaknesses:
The petitioner made out a sufficient cause for his absence due to medical reasons.
The petitioner made out a sufficient cause for his absence due to medical reasons.
Supporting Evidence
Considering the rival contentions, this court is of the view that the petitioner has made out a sufficient cause for his absence. The documents produced along with the petition would go to show that petitioner was unable to attend the court.
Judgment Evidence:
In the result, this application is allowed as follows: The petitioner shall deposit ₹6000 (Rupees Six thousand only) as costs to the respondents within 14 days from the date of this order, failing of which this application will stand dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chengotta Pilakilodiyil Sukumaran
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tharammal Kunhabdulla (Died)
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tharammal Kunhammed
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tharammal Moidu
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Medical documents regarding surgery
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- Sri. K. Jayadeep Singh
- Appearance Type
- Main Counsel
- Party Role
- Respondent
- Advocate Name
- Sri. K. B. Sivaramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition to set aside the ex parte order was allowed.
Evidence:
Considering the rival contentions, this court is of the view that the petitioner has made out a sufficient cause for his absence.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is required to deposit costs to the respondents.
Evidence:
The petitioner shall deposit 6000 (Rupees Six thousand only) as costs to the respondents within 14 days from the date of this order.
Documents & Evidence
Document Type:
Medical Document
Submitted By:
Petitioner
Relevance:
The petitioner produced medical documents to explain his absence due to cataract surgery.
Reference:
Case Classification
Case Type
Rent Control
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
RPIA
Case Code Year
2025