Case Summary
The petitioner, Deepa Sanil, filed a restoration petition to set aside an exparte order from 2021. The court found that the petitioner had an unreasonable delay in filing the petition and did not sufficiently explain his absence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court dismissed both the restoration petition and the interim application due to the lack of sufficient cause for the defendant's non-appearance.
Key Reasoning:
The court found that no sufficient cause was presented for the non-appearance.
The court found that no sufficient cause was presented for the non-appearance.
Why Defendant Won:
The court found that no sufficient cause was presented for the non-appearance.
The court found that no sufficient cause was presented for the non-appearance.
Supporting Evidence
The defendant had not stated or proved the situation which prevented him from appearing before the court for more than two years except that he accompanied his wife on 10.11.2021 to take care of his mother-in-law's sister.
Judgment Evidence:
In the result, restoration petition 03/2024 and IA 154/2017 are dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kairali Purusha Swayam Sahaya Sangam
- Party Role
- Defendant
- Party Name
- Deepa Sanil
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Ajithkumar C.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- D. Muralidhar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Restoration petition 03/2024 and IA 154/2017 are dismissed.
Evidence:
Hence these petitions are liable to be dismissed.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2017