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
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.
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.
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