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OS.No. 645/2014

Case between Hilari Zacharia et al vs St. Thomas Church et al regarding restoration of suit and condonation of delay.

Court
THE COURT OF THE MUNSIFF, KOLLAM
Judge
Smt.Ragi.S.
Order Date
2025-12-08
Duration
approximately-1 year 25 days
Case Code No.
645
Case Closed
Wed, 11/13/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Hilari Zacharia and Jude Paviyanose, are seeking to restore a dismissed suit concerning the preservation of grave sites and an injunction against disturbing them. The defendants include St. Thomas Church and its representatives.

Judgment Outcome

Defendant Won
Interim Order
The applications IA 01/2025 and RP 33/2025 were dismissed by the court due to the failure to satisfactorily explain the delay in filing for restoration. The applicants did not demonstrate valid reasons for their absence during the original hearing.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The applications IA 01/2025 and RP 33/2025 were dismissed by the court due to the failure to satisfactorily explain the delay in filing for restoration. The applicants did not demonstrate valid reasons for their absence during the original hearing.
Key Reasoning:
The delay of 59 days in filing the application for restoration was not explained satisfactorily.
Why Defendant Won:
The delay of 59 days in filing the application for restoration was not explained satisfactorily.
Supporting Evidence
There is absolutely no materials before the Court to show that the petitioner was prevented from filing a petition to restore the suit within the time prescribed.

Judgment Evidence:

In the result, IA 01/2025 and RP 33/2025 are dismissed. No costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Hilari Zacharia
Party Age
70
Relation
S/o
Party Role
Plaintiff
Party Name
Jude Paviyanose
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
St. Thomas Church
Party Role
Defendant
Party Name
Fr. Joseph Ambrose
Relation
Represented by
Party Role
Defendant
Party Name
Kollam Diocese
Relation
Represented by
Party Role
Defendant
Party Name
Most Rev. Fr. Dr. Paul Antony Mullaseeri
Party Role
Defendant
Party Name
Sebastian Joseph
Plaintiffs Documents
Application for restoration, Affidavit regarding the delay.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
D. Chandra Babu
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
Condonation of delay in filing RP 33/2025 and restoration of the suit
Evidence:
Consequently, the application for condonation of delay is devoid of merit. Point No.1 is accordingly answered.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2014

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Case Closed
Wed, 11/13/2024 - 12:00
From
Sat, 11/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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