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2024 Supreme(Online)(KER) 16280

HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
SANTHIMADOM BUILDERS AND DEVELOPERS TRUST – Appellant
Versus
PRASANTH C MENON – Respondent


J U D G M E N T

G. Girish, J.

The defendants in O.S.No.137 of 2014 of the Sub Court, Chavakkad has preferred this appeal under Section 104 read with Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908.

2. In the above suit, the Sub Court, Chavakkad passed an ex parte money decree against the petitioners on 28.11.2015. The petitioners filed I.A.No.1 of 2020 for the condonation of delay of 1724 days, and I.A.No.2 of 2020 for setting aside the ex parte decree, before the trial court. The learned Sub Judge dismissed both the above applications by the impugned common order dated 19.09.2022. Aggrieved by the above verdict, the petitioners are before this Court with this appeal.

3. According to the petitioners, they did not receive summons, and nor did they get any intimation about the suit instituted by the respondent-plaintiff. It is stated that, in connection with the treatment for heart ailment of the 1st petitioner, the petitioners were away from their residence for a long time. The petitioners are said to have received information regarding the ex parte decree passed against them only at the time when they received notice in the execution proceedings initiated by the respondent-p

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