INTERLOCUTORY APPLICATION No.691 OF 2018

Case between Illikkal Velayudhan's children et al vs Muttikkal Hydras Haji et al regarding restoration of a dismissed suit

Court

Court of the Munsiff of Tirur

Judge

Smt. Vincy T.V.

Order Date

2018-04-13

Duration

5 years

Judgement document from eCourt website

Open judgment PDF (eCourt)

Find Similar Cases

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

Plaintiff Won

Interim Order

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.

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

Why Plaintiff Won:
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

Plaintiffs

Illikkal Kumaran (Age not specified years) Residing at Tirur Taluk, Edayur amsom, Athipatta desom, PO.Edayur Illikkal Kunhiparangodan @ Mani (Age not specified years) Residing at Tirur Taluk, Edayur amsom, Athipatta desom, PO.Edayur Illikkal Velu (Age not specified years) Residing at Tirur Taluk, Edayur amsom, Athipatta desom, PO.Edayur Illikkal Raman (Age not specified years) Residing at Tirur Taluk, Edayur amsom, Athipatta desom, PO.Edayur Illikkal Chirutha @ Devu (Age not specified years) Residing at Tirur Taluk, Edayur amsom, Athipatta desom, PO.Edayur Illikkal Unnooli @ Thankammu (Age not specified years) Residing at Tirur Taluk, Edayur amsom, Athipatta desom, PO.Edayur Illikkal Saraswathi (Age not specified years) Residing at Tirur Taluk, Edayur amsom, Athipatta desom, PO.Edayur

Defendants

Muttikkal Hydras Haji (Age not specified years) Muttikkal House, Edayur amsom, Athipatta desom, Via. Valanchery, Tirur Taluk Muttikkal Moideenkutty Musliyar (Age not specified years) Muttikkal Abdu (Age not specified years) Muhammed Musliar (Age not specified years) Muttikkal House, Edayur amsom and post, Athipatta desom, Via. Valanchery, Tirur Taluk Muttikkal Abdu's wife Kadeeja (Age not specified years) Muhammad (Age not specified years) Moideen Kutty @ Kunhenu (Age not specified years) Sainaba (Age not specified years) Subaida (Age not specified years) Abdul Rasheed (Age not specified years)

Reliefs

Relief Type: Restoration of dismissed suit

Outcome: Granted

Description:

Restore the suit on condition of paying costs

Evidence: