Case Summary
K. Vidyadharan, the plaintiff, filed a restoration petition to reinstate a suit dismissed for default against R.D.S Realties Ltd., which involved a request for a prohibitory injunction regarding construction activities causing damage to his property. The petition was heard and ultimately dismissed by the court.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The restoration petition was dismissed by the court on grounds that the original suit was infructuous and lacked evidence for continuation. The court found no valid reason to reinstate the suit.
Key Reasoning:
The plaintiff failed to provide evidence to support his claims, and the court deemed the suit infructuous.
The plaintiff failed to provide evidence to support his claims, and the court deemed the suit infructuous.
Why Defendant Won:
The suit was dismissed for lack of evidence, and the court found that there was no merit in restoring it.
The suit was dismissed for lack of evidence, and the court found that there was no merit in restoring it.
Supporting Evidence
The suit is one that is infructuous and there is no benefit or purpose in having to restore the suit.
Judgment Evidence:
In the result, Restoration petition stands dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. Vidyadharan
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R.D.S Realties Ltd.
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Balaram S.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. C Xavier
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhilash B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun Joseph Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sidharth P. Sasi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Basil Baby Cheruvillil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B. Jayasankar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.V Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Restoration of the suit after it was dismissed for lack of evidence.
Evidence:
Hence, there is no other option but to dismiss the restoration petition.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K. Vidyadharan vs R.D.S Realties Ltd. regarding Restoration of suit
Case Code Year
Case between K. Vidyadharan vs R.D.S Realties Ltd. regarding Restoration of suit