Case Summary
Chithra PK, along with her children, filed a petition to set aside an exparte decree against them. They contended that they were unable to appear in court due to the death of the petitioner’s husband and the COVID-19 pandemic.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition filed by Chithra PK and her children to set aside an exparte decree. The court found no sufficient cause shown for their absence during the original proceedings.
Key Reasoning:
The petitioners failed to provide a reasonable explanation for their absence and did not present sufficient evidence to support their claims.
The petitioners failed to provide a reasonable explanation for their absence and did not present sufficient evidence to support their claims.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It seems that the husband of the petitioner died in the year 2015. It is seen that the suit was listed for trial on 24.08.2021. More than 5 years have elapsed after the death of the petitioner’s husband. Infact, no sufficient and reasonable cause is shown to the satisfaction of the court.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chithra PK
- Party Age
- 33
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rithi dev
- Party Age
- 13
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rishi dev
- Party Age
- 10
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Seema Balakrishnan
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Union of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Officer in charge
- Party Role
- Defendant
- Party Name
- Managing Director
- Party Role
- Defendant
- Party Name
- Accounts Officer, PCDA (Pension)
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Byju Puthiyedath Meethal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.VT Sheeba
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. BN Binesh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Dismissed
Description:
The petition to set aside the exparte decree dated 30.09.2021 is dismissed.
Evidence:
In the result, the petition is dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Chithra PK et al vs Seema Balakrishnan et al regarding setting aside exparte decree.
Case Code Year
Case between Chithra PK et al vs Seema Balakrishnan et al regarding setting aside exparte decree.