Case Summary
P.K. Abdul Rasheed filed a petition to condone the delay in restoring a suit that was dismissed for default. The respondents countered that the petition lacked bona fides and that the delay was not properly explained.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Interlocutory Application
Final Judgment
No
The petitioner's request to condone the delay was initially granted, but as the costs for restoration were not paid by the due date, the petition was ultimately dismissed.
Key Reasoning:
The respondents successfully argued that the petition lacked bona fides and that the petitioner did not properly explain the delay.
The respondents successfully argued that the petition lacked bona fides and that the petitioner did not properly explain the delay.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The petitioner's main grievance was that he was abroad, but the court noted that the delay was not adequately explained and the petition lacked bona fides.
Judgment Evidence:
Therefore delay of 53 days is condoned a payment of costs of Rs.500/- each to respondents 1,3,4,6 & 10. Cost not paid. IA dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.K. Abdul Rasheed
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Khadeeja Hajjumma
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Abdul Gafoor
- Party Role
- Defendant
- Party Name
- Sharafudheen
- Party Role
- Defendant
- Party Name
- Abdul Nazer
- Party Role
- Defendant
- Party Name
- Yoosuf
Plaintiffs Documents
Petition to condone delay.
Defendants Documents
Counter affidavit.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C.V.Arafath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P. Praveen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Delay of 53 days is condoned with a payment of costs.
Evidence:
Hence delay of 53 days is condoned a payment of costs of Rs.500/- each to respondents 1,3,4,6 & 10
Relief Type:
Other
Outcome:
Rejected
Description:
Cost not paid.
Evidence:
Cost not paid. IA dismissed.
Documents & Evidence
Case Classification
Case Type
Interlocutory Application
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between P.K. Abdul Rasheed vs Khadeeja Hajjumma et al regarding condonation of delay to restore suit
Case Code Year
Case between P.K. Abdul Rasheed vs Khadeeja Hajjumma et al regarding condonation of delay to restore suit