Shaji v. S. Rajendran
Case brief
What is this about?
The High Court dismissed the first appeal against the dismissal of an application to condone a 671-day delay in filing a petition to set aside an ex-parte decree. The Court held that the appellant failed to establish sufficient cause for the delay.
What did the court decide?
The First Appeal (FAO No. 173 of 2017) was dismissed. Consequently, the underlying orders dismissing the applications to condone delay and set aside the ex-parte decree remained unreversed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940
FAO.No. 173 of 2017
AGAINST THE ORDER IN IA 452 AND 453 OF 2016 IN OS 1019/2012 of IInd ADDL.SUB COURT,ERNAKULAM DATED 31-07-2017
APPELLANT/PETITIONER/DEFENDANT:
SHAJI AGED 37, S/O. HAMZA, MADATHIPARAMBIL HOUSE, CHITTOOR ROAD, THRIKANAVATTOM DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/RESPONDENT/PLAINTIFF:
Issues for consideration
3 issues framed by the court
Whether the appellant established sufficient cause to condone the delay of 671 days in filing the application to set aside the ex-parte decree.
Whether the High Court should interfere with the findings of the court below regarding the dismissal of the application to condone delay.
Whether the subsequent application to set aside the ex-parte decree (IA 453/2016) was correctly dismissed when the delay was not condoned.
Parties & counsel
- appellant
SHAJI
- respondent
S. RAJENDRAN
- respondent
SASHIKALA RAJENDRAN
Coram
Case details
As recorded by the court registry
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