Case Summary
Pachayi Pathumma, aged 78, filed a restoration petition against Moideen Kutty in the Court of Munsiff Magistrate at Tirur, Malappuram on medical grounds. The court allowed the petition on payment of costs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit
Case Type
Restoration Petition
Final Judgment
No
The court allowed the petition on payment of costs of Rs.3000. In case of default, the petition stands dismissed.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Judgment Evidence:
The petition is filed on medical ground. But no documents produced. The respondent filed counter stating the same. Since the IA can be allowed on enumeration costs and for enabling the petitioner to conduct the suit. I am inclined to allow the petition on payment of costs of Rs.3000/- On default of payment on or before 8/6/17 the petition shall stands dismissed. Cost paid. Memo filed. Hence IA allowed. Suit is restored as per order in IA 263/17 listed to 18-8-2017
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pachayi Pathumma
- Party Age
- 78
- Party Role
- Defendant
- Party Name
- Moideen Kutty
- Party Age
- 58
Plaintiffs Documents
No documents produced
Defendants Documents
No documents mentioned
Advocates
Reliefs
Relief Type:
Restoration of the suit
Outcome:
Granted
Description:
Restoration of the suit allowed on payment of costs
Evidence:
The petition is filed on medical ground. But no documents produced. The respondent filed counter stating the same. Since the IA can be allowed on enumeration costs and for enabling the petitioner to conduct the suit. I am inclined to allow the petition on payment of costs of Rs.3000/- On default of payment on or before 8/6/17 the petition shall stands dismissed. Cost paid. Memo filed. Hence IA allowed. Suit is restored as per order in IA 263/17 listed to 18-8-2017
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Case Restoration and Delays
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Pachayi Pathumma vs Moideen Kutty regarding restoration petition
Case Code Year
Case between Pachayi Pathumma vs Moideen Kutty regarding restoration petition