Gishi Varghese v. Naseema
Case brief
What is this about?
On appeal against orders dismissing interim applications by default due to absence, the Court granted an opportunity to contest the merits. The impugned orders were set aside, and applications restored to the lower court subject to a security deposit and disposal within one month.
What did the court decide?
Orders dismissing I.A.Nos. 379 and 380 of 2016 set aside and applications restored to Sub Court, Alappuzha, on deposit of Rs. 20,000/-; directed to dispose of applications on merits within one month.
What the court decided
A compact analysis
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 K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940
FAO.No. 241 of 2016
I.A. NOS. 379 OF 2016 IN OS 82/2011 of SUB COURT,ALAPPUZHA
APPELLANT/PETITIONER/DEFENDANT:
GISHI VARGHESE
AGED 42 YEARS, W/O. VARGHESE GEORGE, EX-MUNCIPAL COUNCILOR, THEKKUMURI, CHATHANADU WARD, ALAPPUZHA.
BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENT/COUNTER PETITIONER/PLAINTIFF:
Issues for consideration
2 issues framed by the court
Whether an appellant can be given an opportunity to contest dismissal of interim applications on merits despite previous default.
Whether the impugned orders dismissing I.A.Nos. 379 and 380 of 2016 should be set aside to secure interest of justice.
Parties & counsel
- appellant
Gishi Varghese
- respondent
Naseema
Coram
K. Harilal
Case details
As recorded by the court registry
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