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Restoration Petition 5/2024 in O.S 199/2016

Case between Ani Kuruvila et al vs Johncy Manu et al regarding restoration of suit dismissed for default.

Court
THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-03-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Ani Kuruvila and Nimmy Kuruvila, filed a restoration petition for a suit that was dismissed for default. They allege that their previous counsel committed a breach of trust and that they were not given sufficient time to engage new representation.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for restoration, concluding that the petitioner failed to demonstrate sufficient cause for the previous non-appearance.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court dismissed the petition for restoration, concluding that the petitioner failed to demonstrate sufficient cause for the previous non-appearance.
Key Reasoning:
The petitioner did not provide sufficient cause for the dismissal to be set aside.
Why Defendant Won:
Not available
Supporting Evidence
The petitioner failed to convince the court with sufficient cause to set aside the order of dismissal for default.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ani Kuruvila
Relation
W/o Kuruvila
Party Role
Plaintiff
Party Name
Nimmy Kuruvila
Party Role
Defendant
Party Name
Johncy Manu
Relation
W/o Manu Alexander
Party Role
Defendant
Party Name
Manu Alexander
Party Role
Defendant
Party Name
Antony Joseph
Relation
S/o Joseph
Party Role
Defendant
Party Name
Marykutty
Relation
W/o Antony Joseph
Party Role
Defendant
Party Name
Dany George
Relation
W/o John Mathew
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
S. Sabarinadh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Indulekha Joseph
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sethulaksmi Rajeevan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.A George
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Restoration of the suit O.S 199/2016 which was dismissed for default
Evidence:
In the result, the petition is dismissed.

Documents & Evidence

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
Case between Ani Kuruvila et al vs Johncy Manu et al regarding restoration of suit dismissed for default.
Case Code Year
Case between Ani Kuruvila et al vs Johncy Manu et al regarding restoration of suit dismissed for default.

Quick Facts

Location
Kanjirappally Taluk, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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