Case Summary
The petitioners, led by Mr.M.Abhas, seek to set aside an exparte order that was passed in their absence. The respondents, led by K.K.Nafeesa, argue that the petition is a delaying tactic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to set aside the exparte order on payment of costs
Case Type
Rent Control Petition
Final Judgment
No
The petition to set aside the exparte order was allowed on payment of costs, with the petitioner required to pay ₹4,000 to the opposite side.
Why Plaintiff Won:
The petitioner provided a sufficient cause for his non-appearance on the trial day due to an eye surgery.
The petitioner provided a sufficient cause for his non-appearance on the trial day due to an eye surgery.
Losing Side's Weaknesses:
The petitioner provided a sufficient cause for his non-appearance on the trial day due to an eye surgery.
The petitioner provided a sufficient cause for his non-appearance on the trial day due to an eye surgery.
Supporting Evidence
I find that the petitioner could make out a sufficient cause for his non appearance on the day of trial. However, on perusal of back records, it is seen that this is the second time application filed by the petitioner to set aside the exparte order.
Judgment Evidence:
Hence, petition is allowed on payment of costs of 4,000/- to the opposite side on or before 30.09.2025 failing which the petition stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr.M.Abhas
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.K.Nafeesa
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.K.Subaida
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.K.Mymoona
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.K.Razak Haji @ Abdul Razak Haji.K.K
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.K.Muhammedkutty Haji
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Medical certificate substantiating the petitioner's claim of undergoing eye surgery.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PC Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Harishbabu.P.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Setting aside the exparte order dated 14.10.2024.
Evidence:
I find that the petitioner could make out a sufficient cause for his non appearance on the day of trial.
Relief Type:
Other
Outcome:
Granted
Description:
Allowing the petition on payment of costs to the opposite side.
Evidence:
the petition can be allowed by adequately compensating the opposite side.
Documents & Evidence
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
To substantiate the claim of the petitioner's absence due to eye surgery.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Mr.M.Abhas vs K.K.Nafeesa et al regarding setting aside an exparte order
Case Code Year
Case between Mr.M.Abhas vs K.K.Nafeesa et al regarding setting aside an exparte order