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2024 Supreme(Online)(Ker) 66762

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHA.S – Appellant
Versus
BRIJITH DANIEL – Respondent


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 OP(C) NO. 2190 OF 2023 EP NO.38 OF 2019 OF ADDITIONAL SUB COURT,ATTINGAL PETITIONER/PETITIONER/JUDGMENT DEBTOR/DEFENDANT:

SUSHA.S, AGED 63 YEARS, PRASANNA BHAVAN, CHENNAMCODE, VADASSERIKONAM P.O., OTTOOR VILLAGE, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101 BY ADVS.DEEPU THANKAN UMMUL FIDA, LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M.

RESPONDENT/DECREE HOLDER/PLAINTIFF:

BRIJITH DANIEL, AGED 53 YEARS SAJAN DALE, KUNNUELCHERI, MARATHADI P.O., KOLLAM, PIN - 695101 BY ADVS.M.R. Rajesh SANDHYA E.S.(K/2568/1999)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Ext.P8 order passed by the Sub Court, Attingal (for short 'the trial court') is under challenge in this original petition.

2. The petitioner is the judgment debtor in E.P.No.38/2019 in O.S.No.40/2016. The respondent is the decree holder.

3. The decree was one for money. It was an ex-parte decree. The petitioner filed two applications as I.A.Nos. 137/2022 and 138/2022 to set aside the ex-parte decree and also to condon

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