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