Case Summary
Petitioners, children of Illikkal Velayudhan, filed a petition to restore a suit for permanent prohibitory injunction that was dismissed due to non-appearance. The respondents opposed the restoration claiming willful non-appearance by the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the dismissed suit on condition of paying costs
Case Type
Civil Suit - Restoration of Dismissed Suit
Final Judgment
No
The petition was allowed on condition that the petitioner pays costs of Rs. 4,000 to the respondents by 26-5-2018, failing which the petition would stand dismissed.
Why Plaintiff Won:
The petitioner proved that non-appearance was due to illness and not willful neglect, justifying the restoration of the suit.
The petitioner proved that non-appearance was due to illness and not willful neglect, justifying the restoration of the suit.
Losing Side's Weaknesses:
The petitioner proved that non-appearance was due to illness and not willful neglect, justifying the restoration of the suit.
The petitioner proved that non-appearance was due to illness and not willful neglect, justifying the restoration of the suit.
Supporting Evidence
The petitioner proved that non-appearance was due to illness and not willful neglect, justifying the restoration of the suit.
Judgment Evidence:
The petition was allowed on condition to pay the cost of Rs. 4,000 to the respondents.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Illikkal Kumaran
- Relation
- Child of Illikkal Velayudhan
- Party Role
- Plaintiff
- Party Name
- Illikkal Kunhiparangodan @ Mani
- Relation
- Child of Illikkal Velayudhan
- Party Role
- Plaintiff
- Party Name
- Illikkal Velu
- Relation
- Child of Illikkal Velayudhan
- Party Role
- Plaintiff
- Party Name
- Illikkal Raman
- Relation
- Child of Illikkal Velayudhan
- Party Role
- Plaintiff
- Party Name
- Illikkal Chirutha @ Devu
- Party Role
- Plaintiff
- Party Name
- Illikkal Unnooli @ Thankammu
- Party Role
- Plaintiff
- Party Name
- Illikkal Saraswathi
- Party Role
- Defendant
- Party Name
- Muttikkal Hydras Haji
- Relation
- Son of Moideenkutty Musliar
- Party Role
- Defendant
- Party Name
- Muttikkal Moideenkutty Musliyar
- Relation
- Son of Moideenkutty Musliar
- Party Role
- Defendant
- Party Name
- Muttikkal Abdu
- Relation
- Son of Moideenkutty Musliar (Deceased)
- Party Role
- Defendant
- Party Name
- Muhammed Musliar
- Relation
- Son of Moideenkutty Musliar
- Party Role
- Defendant
- Party Name
- Muttikkal Abdu's wife Kadeeja
- Relation
- Wife of Muttikkal Abdu
- Party Role
- Defendant
- Party Name
- Muhammad
- Relation
- Child of Muttikkal Abdu
- Party Role
- Defendant
- Party Name
- Moideen Kutty @ Kunhenu
- Relation
- Child of Muttikkal Abdu
- Party Role
- Defendant
- Party Name
- Sainaba
- Relation
- Child of Muttikkal Abdu
- Party Role
- Defendant
- Party Name
- Subaida
- Relation
- Child of Muttikkal Abdu
- Party Role
- Defendant
- Party Name
- Abdul Rasheed
- Relation
- Child of Muttikkal Abdu
Plaintiffs Documents
No specific plaintiff documents mentioned
Defendants Documents
No specific defendant documents mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Praveen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Restoration of dismissed suit
Outcome:
Granted
Description:
Restore the suit on condition of paying costs
Evidence:
The petition was allowed on condition to pay the cost of Rs. 4,000 to the respondents.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Restoration of dismissed suit
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Illikkal Velayudhan's children et al vs Muttikkal Hydras Haji et al regarding restoration of a dismissed suit
Case Code Year
Case between Illikkal Velayudhan's children et al vs Muttikkal Hydras Haji et al regarding restoration of a dismissed suit