Rajamma v. Devaki
Case brief
What is this about?
The High Court set aside the impugned orders dismissing the petitioners' applications to set aside an ex parte decree. The Court held that in the absence of laches on the part of the defendants other than the petitioners, the delay could be compensated by imposition of costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938 OP(C).No. 989 of 2016 ()
------------------------OS 577/2006 of PRL. MUNSIFF COURT, NEDUMANGAD
PETITIONERS :
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1. RAJAMMA
D/O.NARAYANI, HINDU LADY, AGED 60 YEARS, PULIYOOR LAKSHAM VEEDU, PACHA, NANNIYODU, PALODE VILLAGE, NEDUMANGAD TALUK.
2. MANIKUTTAN
S/O.LATE SRASAMMA, AGED 40 YEARS, THADATHARIKATHU VEEDU, AALUVILA, KALLIPARA, PALODE VILLAGE, NEDUMANGAD TALUK.
3. SINDHU
Issues for consideration
2 issues framed by the court
Whether the ex parte decree order setting aside the application to set aside the ex parte decree can be set aside by the High Court allowed the petitioners to set aside the ex parte decree order by im
Whether the impugned orders are liable to be set aside by the High Court.
Parties & counsel
- petitioner
Rajamma and Others
- respondent
Devaki
Coram
A.Muhammed Mustaque
Case details
As recorded by the court registry
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