Case Summary
The case involves Koyatti and others as petitioners against Puthiya Ponmanichantakath and others as respondents. The petitioners seek to set aside an exparte order due to their inability to appear in court for valid medical reasons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to set aside exparte order upon payment of costs.
Case Type
Rent Control Proceedings
Final Judgment
No
The petition to set aside the exparte order was allowed conditionally on the payment of costs to the respondents.
Why Plaintiff Won:
The petitioners provided a sufficient reason for their absence which was considered valid by the court.
The petitioners provided a sufficient reason for their absence which was considered valid by the court.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I find that the reason projected out by the petitioners is a reasonable and sufficient one. Medical certificate is also produced.
Judgment Evidence:
Hence, this petition is allowed on condition of payment of costs of 9,000/- to the opposite side on or before 17.09.2025 failing which the petition stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Koyatti
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aseef Ahammed
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Siya Ul Huck
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Puthiya Ponmanichantakath Abdul Gafoor
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Puthiya Ponmanichantakath Amina Parvil @ Aminabi
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Puthiya Ponmanichantakath Braseeliya Sainaba
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Puthiya Ponmanichantakath Afros Ali
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Puthiya Ponmanichantakath Noufal Hajjath
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Medical certificates regarding their absence.
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- Sri. KM Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Respondent
- Advocate Name
- Sri.RM Subair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition allowed on condition of payment of costs.
Evidence:
However, considering the fact that this is the third time application to set aside the exparte order, I am of the view that this petition can be allowed on terms by adequately compensating the other side.
Documents & Evidence
Case Classification
Case Type
Rent Control Proceedings
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Koyatti et al vs Puthiya Ponmanichantakath et al regarding setting aside exparte order
Case Code Year
Case between Koyatti et al vs Puthiya Ponmanichantakath et al regarding setting aside exparte order