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O.S No.439/2022

Case between Dinesan M.C vs Anilkumar D regarding Restoration Petition

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-18
Duration
approximately-1 year 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a restoration petition filed by Anilkumar D to set aside an ex-parte decree passed against him in the original suit O.S No. 439/2022. Dinesan M.C is the counter petitioner and plaintiff in this matter.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the restoration petition filed by the defendant, Anilkumar D, and did not condone the delay in filing.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the restoration petition filed by the defendant, Anilkumar D, and did not condone the delay in filing.
Key Reasoning:
Why Defendant Won:
Supporting Evidence

Judgment Evidence:

I.A 1/24 in O.S 439/2022 dismissed (vide separate Order). Delay not condoned. Hence petition herein dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Dinesan M.C
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Anilkumar D
Party Age
45
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Martin G Thottan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sajeevan Karukuttiyullathil
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
R. Premchand
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dilsha A.A
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
T. B Ragesh
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Veena M
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Praying for setting aside the ex-parte Decree and reopening of evidence.
Evidence:
This petition having come up before me for hearing on 18.07.2024 and the Court on 03.07.2024 passed the following : I.A 1/24 in O.S 439/2022 dismissed (vide separate Order). Delay not condoned. Hence petition herein dismissed.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dinesan M.C vs Anilkumar D regarding Restoration Petition
Case Code Year
Case between Dinesan M.C vs Anilkumar D regarding Restoration Petition

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 12/16/2022 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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