Case Summary
The petitioner Moideen.V.P seeks to set aside a final decree in a partition suit due to alleged non-receipt of summons. The respondents argue that the petitioner was aware of the proceedings and failed to appear knowingly.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The applications for setting aside the final decree are dismissed as the petitioner failed to justify the absence and the delay in filing the application.
Key Reasoning:
Petitioner did not sufficiently prove his claim of not receiving summons.
Petitioner did not sufficiently prove his claim of not receiving summons.
Why Defendant Won:
Petitioner did not sufficiently prove his claim of not receiving summons.
Petitioner did not sufficiently prove his claim of not receiving summons.
Supporting Evidence
The reason stated in the petition for non-appearance of the petitioner before the court is unsatisfactory and unproved.
Judgment Evidence:
In the result, both applications are dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideen.V.P
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pathumma
- Party Age
- 70
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rasiya
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Subaida
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Suhara
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jufriya
- Party Age
- 51
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri..K.M.Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Muhammed Ariff
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Application for setting aside the final decree passed on 31.10.2018
Evidence:
Hence I find that the petitioner had not made out sufficient grounds to set aside the final decree passed and he has not satisfactorily explained the delay in preferring this application.
Relief Type:
Other
Outcome:
Refused
Description:
Application for condoning the delay of 1146 days in preferring this application
Evidence:
In the result, both applications are 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
OS
Case Code Year
2017