Case Summary
The petitioner is the Chairman of the Kerala Head Load Workers Welfare Board, seeking to set aside an ex parte order and condone a delay of 68 days in filing an application. The respondents are landlords contesting the application, arguing lack of locus standi.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The petitioner shall pay Rs. 3,000 as costs to the respondents within 7 days.
Case Type
Rent Control
Final Judgment
No
The application to condone the delay and set aside the ex parte order was allowed conditionally upon payment of costs.
Why Plaintiff Won:
The court found sufficient cause for the petitioner's absence and allowed the application for a meritorious disposal.
The court found sufficient cause for the petitioner's absence and allowed the application for a meritorious disposal.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the rival contentions, this court is of the view that the petitioner has made out a sufficient cause for her absence.
Judgment Evidence:
In the result, this application is allowed as follows: The petitioner shall pay 3000 (Rupees Three thousand only) as costs to the respondents within 7 days from the date of this order.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- P.M. Minavar
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.M. Mathew
- Party Age
- 64
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. K.S. Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Vinod Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. K.P. Regha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The application to set aside the exparte order and condone the delay is allowed.
Evidence:
Considering the rival contentions, this court is of the view that the petitioner has made out a sufficient cause for her absence.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner shall pay costs to the respondents.
Evidence:
I find imposing a cost of Rs.3,000/- would be sufficient to alleviate the hardship caused with the respondents.
Documents & Evidence
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Eviction under the ground of bonafide requirement
Case Code
Case between Kerala Head Load Workers Welfare Board vs P.M. Minavar et al regarding Rent Control
Case Code Year
Case between Kerala Head Load Workers Welfare Board vs P.M. Minavar et al regarding Rent Control