Single Judge refused to set aside an ex-parte decree in a suit for permanent prohibitory injunction, holding that irregularities did not impute lack of knowledge to the petitioner.
The petition to set aside the ex-parte decree was dismissed; the original petition is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
SATURDAY, THE 1ST DAY OF DECEMBER 2012/10TH AGRAHAYANA 1934
OP(C).No. 3498 of 2012 (O)
OS.986/1999 of II ADDL.MUNSIFF COURT, NEYYATTINKARA
PETITIONER(S):
SATYARAJ, AGED 62 YEARS S/O.JESSAYYAN NADAR,RESIDING AT PALLIVILA VEEDU MULLILAVUVILA,KUDAYAL.P.O,VALLARADA DESOM KUNNATHUKAL VILLAGE,NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRICT,PIN-695 505.
BY ADVS.SRI.P.S.KRISHNA PILLAI SMT.S.ANJUSHA
RESPONDENT(S):
RR-R1 BY ADV. SRI.R.GOPAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN O.P.(C)No.3498 of 2012
PETITIONER'S EXTS:
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
O.P.(C) No. 3498 of 2012
Dated this the 1st day of December, 2012
J U D G M E N T
The courts below have concurrently refused to set aside the ex-parte decree as against the petitioner/first defendant in a suit for a decree of permanent prohibitory injunction. The courts below have relied on the following factors to so arrive at a conclusion.
iii) The Advocate Commissioner had issued notice to the petitioner at the time of local inspection.
O.P.(C) NO.3498 OF 2012
2
The original petition is disposed of.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether mere irregularity in service of summons is ground to set aside ex-parte decree.
1 provisions across 1 enactments
SATYARAJ
RESSALAYYAN ALIAS THANKAN NADAR
SATHYA GEORGE
VIJAYAN
APPU NADAR
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
