Ayiroor Mohanan v. S. Gopinathan
Case brief
What is this about?
Allowed a civil revision petition setting aside an ex parte decree due to lack of notice caused by genuine illness, conditional upon deposit of costs.
What did the court decide?
Ex parte decree and dismissal of counter claim set aside; order on I.A. No.1966 allowed conditional on deposit of Rs.10,000 costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 4TH DAY OF MARCH 2013/13TH PHALGUNA 1934
CRP.NO. 96 OF 2013 ()
------------------------------I.A. NO.1966 OF 2011 IN O.S. NO.633 OF 2007, MUNSIFF'S COURT, NEDUMANGAD C.M.A.NO.49 OF 2011, SUB COURT, NEDUMANGAD
REVISION PETITIONER(S)/APPELALNTS/DEFENDANTS:
1. AYIROOR MOHANAN, AGED 50 YEARS S/O PONNAPPAN, KALI VEEDU, AMATHARA BHARATHANNOOR, MAILAMOODU IN PANGODU VILLAGE THIRUVANANTHAPURAM.
2. C.P.I (M) PANGODU LOCAL COMMITTEE, AGED 55 YEARS REPRESENTED BY ITS SECRETARY, RAVEENDRAN THAMPI S/O VASUDEVAN, SONI BHAVAN KANCHINADA IN PANGODU VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS
SRI.V.RENJITH KUMAR
Issues for consideration
2 issues framed by the court
Whether sufficient cause was shown for the absence of petitioners resulting in an ex parte decree.
Whether the Civil Revision Petition challenging the ex parte decree should be allowed and set aside.
Parties & counsel
- petitioner
Ayiroor Mohanan
- petitioner
C.P.I (M) Pangodu Local Committee
- respondent
S. Gopinathan
Coram
Case details
As recorded by the court registry
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