O.S.No.889/2021

Case between Abdul Aziz Anzar vs Sooraj K.E et al regarding restoration of a suit

Court

II Additional Munsiff Court, Ernakulam

Judge

Smt. Needi.K. Dinamany

Order Date

2024-09-09

Duration

approximately-2 years 9 months

Judgement document from eCourt website

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Case Summary

The case involves Abdul Aziz Anzar as the petitioner/defendant seeking to restore a suit that was dismissed for default. The plaintiffs, Sooraj K.E and Vandana Sooraj, contend that the applications filed are not maintainable and lack bona fides.

Judgment Outcome

Defendant Won

Interim Order

The petitions to set aside the ex-parte decree were dismissed due to lack of sufficient cause for the delay in filing. The petitioner failed to explain their absence adequately and demonstrated gross negligence.

Judgment Favored

Defendant

Relief Granted

Case Type

Restoration Petition

Final Judgment

Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

In the result, Petitions are dismissed.

Parties Involved

Plaintiffs

Sooraj K.E (46 years) 5B Skyline Palm Top Apartments, Near Bharath Matha College, Thrikkakara 682021 Vandana Sooraj (38 years) 5B Skyline Palm Top Apartments, Near Bharath Matha College, Thrikkakara 682021

Defendants

Abdul Aziz Anzar (23 years) Shama Gardens, 8/206, Kilikolloor P.O, Mangad Desom, Mangad Village, Kollam 691004

Reliefs

Relief Type: Other

Outcome: Refused

Description:

Petition to set aside the ex-parte decree and condone the delay in filing the petition.

Evidence:

Therefore petitions are found to be devoid of merits.