Aminu v. Bijoy Kosy
Case brief
What is this about?
The court allowed an application to set aside an ex-parte decree, finding that the application was filed in time regardless of false statements about knowledge of the suit. The lower court orders rejecting the application were set aside.
What did the court decide?
Ex-parte decree set aside; application to set aside decree allowed upon payment of Rs. 2,000 costs; lower court order quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937
OP(C).No. 708 of 2015 (O)
AGAINST THE ORDER IN CMA 120/2011 of IV ADDL. DISTRICT COURT, THRISSUR IA.4945/2010 IN OS NO.425/2004 OF PRINCIPAL SUB COURT, THRISSUR
PETITIONER(S):
- AMINU, AGED 64 YEARS W/O.ALI, VEETTILAVALAPPIL HOUSE KARIKAD P.O.VIA. KUNNAMKULAM, THRISSUR
- SALMA, AGED 46 YEARS D/O.ALI, VEETTILAVALAPPIL HOUSE KARIKAD P.O.VIA. KUNNAMKULAM, THRISSUR.
- SULEKHA, AGED 39 YEARS D/O.ALI, VEETTILAVALAPPIL HOUSE KARIKAD P.O.VIA. KUNNAMKULAM, THRISSUR.
BY ADVS.SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR SMT.SONIYA SUNNY
RESPONDENT(S):
Issues for consideration
1 issue framed by the court
Whether an application to set aside an ex-parte decree filed in time should be allowed despite false averments regarding the date of knowledge.
Parties & counsel
- petitioner
AMINU
- petitioner
SALMA
- petitioner
SULEKHA
- respondent
BIJOY KOSHY
- respondent
ANJU BIJOY KOSHY
Case details
As recorded by the court registry
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