Case Summary
K.Raju filed a restoration petition against Ambujakshi Amma and others concerning a non-compliance order related to rent payment. The petitioner argued for condoning the delay due to illness.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control
Final Judgment
No
The applications IA 01/24 and RP 292/2024 were dismissed due to failure to provide sufficient evidence for condoning the delay.
Key Reasoning:
The petitioner did not provide evidence to support their claims regarding the delay.
The petitioner did not provide evidence to support their claims regarding the delay.
Why Defendant Won:
The petitioner did not provide evidence to support their claims regarding the delay.
The petitioner did not provide evidence to support their claims regarding the delay.
Supporting Evidence
The petitioner did not adduce any evidence to support the averments in the affidavit and no medical records seen produced.
Judgment Evidence:
In the result, IA 01/24 and RP 292/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Raju
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ambujakshi Amma
- Party Age
- 88
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anithabhai Amma
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anilkumar.S.
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajith Kumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arunkumar
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- L.S.Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Somasekharan Pilali
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petitioner sought to condone the delay of 36 days in filing RP 292/2024.
Evidence:
Hence the IA for condoning the delay is only liable to be dismissed.
Relief Type:
Other
Outcome:
Not Decided
Description:
Petitioner sought to restore the suit on file.
Evidence:
In view of my finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Rent Control
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between K.Raju vs Ambujakshi Amma et al regarding delay in filing restoration petition.
Case Code Year
Case between K.Raju vs Ambujakshi Amma et al regarding delay in filing restoration petition.