Omana v. R Anil Kumar
Case brief
What is this about?
The High Court set aside impugned orders dismissing the defendants' applications to set aside an ex parte decree in a specific performance suit, conditionally requiring the appellant to pay costs to the plaintiff.
What did the court decide?
Impugned orders set aside; ex parte decree set aside subject to payment of Rs.25,000 as costs to plaintiff within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934
CRP.No. 547 of 2012 ()
CMA.21/2011 of ADDL.DISTRICT COURT, ALAPPUZHA. OS.743/2007 of ADDL.MUNSIFF COURT, ALAPPUZHA
REVISION PETITIONER(S)/APPELLANT/2ND PETITIONER/DEFENDANT:
OMANA, AGED 38 YEARS
W/O.UDAYAN,THYPARAMBIL VEEDU,KUNNUMMA VILLAGE PULIKUNNU PANCHAYATH, ALAPPUZHA.
BY ADVS.SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR
RESPONDENT(S)/RESPONDENT/PLAINTIFF :
- R ANIL KUMAR,
Issues for consideration
2 issues framed by the court
Whether an ex parte decree in a suit for specific performance can be set aside to afford the defendants an opportunity to contest on merits.
Whether the appellant's claim that the first defendant was unable to appear due to medical treatment and family estrangement entitles her to relief.
Parties & counsel
- petitioner
Omana
- respondent
R.Anil Kumar
- respondent
Udayan
Coram
Case details
As recorded by the court registry
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