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    Exparte - Isha Case

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    Sivaji Varkala
    The document is an affidavit filed by Isha Vijayan, the first defendant in a civil suit, seeking to set aside an ex-parte order passed against her. The affidavit details that Isha Vijayan, residing in Bangalore, had entrusted the case to an advocate in Pathanamthitta but he failed to file a written statement, leading to the ex-parte order. She states the failure was not intentional and seeks to contest the case on merits.

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    Exparte - Isha Case

    Uploaded by

    Sivaji Varkala
    11 views2 pages
    The document is an affidavit filed by Isha Vijayan, the first defendant in a civil suit, seeking to set aside an ex-parte order passed against her. The affidavit details that Isha Vijayan, residing in Bangalore, had entrusted the case to an advocate in Pathanamthitta but he failed to file a written statement, leading to the ex-parte order. She states the failure was not intentional and seeks to contest the case on merits.

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    exparte - isha case

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    The document is an affidavit filed by Isha Vijayan, the first defendant in a civil suit, seeking to set aside an ex-parte order passed against her. The affidavit details that Isha Vijayan, residing in Bangalore, had entrusted the case to an advocate in Pathanamthitta but he failed to file a written statement, leading to the ex-parte order. She states the failure was not intentional and seeks to contest the case on merits.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    11 views2 pages

    Exparte - Isha Case

    Uploaded by

    Sivaji Varkala
    The document is an affidavit filed by Isha Vijayan, the first defendant in a civil suit, seeking to set aside an ex-parte order passed against her. The affidavit details that Isha Vijayan, residing in Bangalore, had entrusted the case to an advocate in Pathanamthitta but he failed to file a written statement, leading to the ex-parte order. She states the failure was not intentional and seeks to contest the case on merits.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    BEFORE THE HON’BLE MUNSIFF COURT

    THIRUVALLA
    OS No.180 of 2022
    BETWEEN
    Sobha Venugopal - Plaintiff
    AND
    Isha Vijayan and another - Defendants
    AFFIDAVIT
    I, Isha Vijayan, D/o G Vijayakumar, aged 34 years, residing at Cheliyil Puthenveedu,
    Muthukattukara, Nooranadu P O, Palamel Village, Alappuzha District presently residing
    at A209, Vistar Classic Apartment, 12th ‘A’ Main, Classic Paradise Layout, Begur,
    Bangalore – 560068, do hereby solemnly affirm and states as follows: -

    1. That I am the Petitioner in the accompanying application and the 1 st Defendant in the
    above suit. I am conversant with the facts of the case and I am competent to swear to
    this Affidavit.

    2. The suit is filed seeking cancellation of a document and permanent prohibitory


    injunction.

    3. The case was posted on 14-12-2023, for written statement of the Defendants. On
    that day, neither myself nor my advocate could not represent the case and the
    Defendants were called absent and thus set ex-parte.

    4. I had entrusted the case with an advocate at Pathanamthitta through telephone and I
    could not give him Vakkalath as I am working at Bangalore and residing there with
    my family. On 14-12-2023, my Advocate had entrusted the case with another
    Advocate at Thiruvalla. Unfortunately, the said Advocate did not represent the case
    and thus I was called absent and set ex parte.

    5. The failure to represent the case or to file the written statement was neither
    intentional nor due to any negligence from my part. I am residing at Bangalore,
    coupled with the responsibility of ensuring my children's attendance at school within
    the same city, rendered it impractical for me to personally attend the Court. The non
    filing of Written Statement was not due to any willful latches from my part but due to
    the reasons stated above.

    6. So also, I would like to emphasize that I have very serious contentions in the above
    case. It is highly necessary for me to have the ex-parte order set aside; otherwise, I
    will suffer irreparable losses and damages.

    7. Hence it is most humbly prayed that the order dated 14-12-2023, by which the
    defendants set me ex-parte, may be set-aside, and the accompanying petition for the
    said purpose may be allowed.

    All the above said facts stated are true to the best of my knowledge and information
    derived from the records and belief.
    Deponent
    Isha Vijayan
    Solemnly affirmed and signed before me, by the deponent who is personally known to
    me, at my office at Pathanamthitta on this the 1st day of March 2024
    BEFORE THE HON’BLE MUNSIFF COURT
    THIRUVALLA
    I A No. of 2024
    IN
    O S No. 180 of 2022

    BETWEEN

    Isha Vijayan,
    Cheliyil Puthan Veedu, Muthukkatukara,
    Nooranadu P O, Palamel, Mavelikkara Taluk - Petitioner/1st Defendant
    (Presently residing at A209,
    Vistar classic Apartment, 12th A Main,
    Classic Paradise Layout, Begur,
    Bangalore – 560068

    AND

    1. Shoba Venugopal,
    Parampathu House, Kuzhuvelipuram, - Respondents/ Plaintiff/
    Karakkal P O, Thiruvalla, Peringara, 2nd Defendant
    Pathanamthitta.

    2. Jithin Venugopal
    Parampathu House, Kuzhuvelipuram,
    Karakkal P O, Thiruvalla, Peringara,
    Pathanamthitta

    PETITION FILED UNDER ORDER IX RULE 7 R/W SECTION 151 OF THE CODE OF
    CIVIL PROCEDURE, 1908

    For the reasons stated in the accompanying affidavit it is most humbly prayed that this
    Hon’ble court may be pleased to set aside the ex-parte order against the 1 st
    Defendant/Petitioner dated 14-12-2023 and to permit the Petitioner to contest the case
    on merits.

    Dated this the 1st day of March 2024


    Adv. T Harikrishnan
    Counsel for the petitioner

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