Case Summary
Garden View Apartment owners Association filed a restoration petition after their suit was dismissed for default when they failed to appear for trial. The court considered the circumstances and allowed the restoration subject to a cost being paid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit on payment of costs
Case Type
Civil Suit
Final Judgment
No
The court allowed the restoration petition on the condition that the petitioner pays costs to the respondents, acknowledging the need for a fair trial.
Why Plaintiff Won:
The court recognized the petitioner's diligent follow-up and the importance of resolving the case on merits.
The court recognized the petitioner's diligent follow-up and the importance of resolving the case on merits.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is always in the best interest of justice when suits are disposed of on merits. This court is also considering the fact that the petitioner has been properly following up this case on all posting dates.
Judgment Evidence:
In the result, petition is allowed on condition of the petitioner making payment of cost of 3000/- to the respondents.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Garden View Apartment owners Association
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Ansal River Dale owners Association
- Party Role
- Defendant
- Party Name
- Ansal Buildwell Ltd.
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Muraleedharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Restoration of the suit subject to payment of costs
Evidence:
Hence one more opportunity can be granted to the petitioner to participate in the trial of this case and to contest the suit on merits.
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 Garden View Apartment owners Association vs Ansal River Dale owners Association et al regarding Restoration Petition
Case Code Year
Case between Garden View Apartment owners Association vs Ansal River Dale owners Association et al regarding Restoration Petition