Case Summary
The case involves Defendants Malathy Toledar and Neena seeking to set aside an ex parte decree granted to Plaintiff Rakhi Vittal, due to the Defendants' inability to present their case on medical grounds. The court found sufficient reason to condone the delay in filing the review petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Ex parte decree dated 11.07.2023 set aside on payment of costs.
Case Type
Restoration Petition
Final Judgment
No
The court allowed the petitions to set aside the ex parte decree and condoned the delay in filing the review petition, subject to payment of costs to the Plaintiff.
Key Reasoning:
The court found sufficient cause for condoning the delay due to the Defendants' serious medical issues.
The court found sufficient cause for condoning the delay due to the Defendants' serious medical issues.
Why Defendant Won:
The court found sufficient cause for condoning the delay due to the Defendants' serious medical issues.
The court found sufficient cause for condoning the delay due to the Defendants' serious medical issues.
Supporting Evidence
The court is satisfied from the reasons stated in the affidavit that there is sufficient ground to condone the delay of 640 days occasioned. Considering the facts and circumstances of the case, I am satisfied that defendant has to be given an opportunity to contest the suit on merits.
Judgment Evidence:
In the result, petitions are allowed. 1) IA.9/2025 is allowed upon payment of costs of Rs.3,000/-. Delay of 640 days in filing R.P.94/2025 is condoned. 2) R.P. 94/2025 is allowed on payment of costs of Rs.3,000/- to plaintiff. Ex parte Decree dated 11.07.2023 is set aside.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- Malathy Toledar
- Party Age
- 68
- Relation
- W/o Late Sreedhar Toledar
- Party Role
- Defendant
- Party Name
- Neena
- Party Age
- 48
- Relation
- D/o Late Sreedhar Toledar
- Party Role
- Plaintiff
- Party Name
- Rakhi Vittal, alias Rakhi Suresh Sheth
- Party Age
- 51
- Relation
- W/o Suresh
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Frijo K Sundaram
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K N Sivasankaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Condonation of delay in filing restoration petition
Evidence:
IA.9/2025 is allowed upon payment of costs of Rs.3,000/-. Delay of 640 days in filing R.P.94/2025 is condoned.
Relief Type:
Other
Outcome:
Granted
Description:
Setting aside the ex-parte decree
Evidence:
R.P. 94/2025 is allowed on payment of costs of Rs.3,000/- to plaintiff. Exparte Decree dated 11.07.2023 is set aside.
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 Malathy Toledar and Neena vs Rakhi Vittal regarding restoration of possession and injunction.
Case Code Year
Case between Malathy Toledar and Neena vs Rakhi Vittal regarding restoration of possession and injunction.