Case Summary
Preetha is the petitioner seeking the restoration of her suit for a permanent prohibitory injunction against Mini and others, who are the defendants. The suit was dismissed for default due to Preetha's absence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed IA 01/2024 and RP 267/2024 filed by Preetha to restore her suit for permanent prohibitory injunction due to failure to justify the delay in filing.
Key Reasoning:
The court found no sufficient reason to condone the delay of 442 days in filing the restoration petition.
The court found no sufficient reason to condone the delay of 442 days in filing the restoration petition.
Why Defendant Won:
The court found no sufficient reason to condone the delay of 442 days in filing the restoration petition.
The court found no sufficient reason to condone the delay of 442 days in filing the restoration petition.
Supporting Evidence
The delay is not explained at all and appears to be an attempt to protract the proceedings. Since the petitioner has failed to provide any satisfactory explanation or supporting evidence for the enormous delay of 442 days, the Court finds no grounds to condone the delay.
Judgment Evidence:
In the result, IA 01/2024 and RP 267/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Preetha
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mini
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abhijith
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew Johnson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Application for condonation of delay in filing RP 267/2024
Evidence:
Consequently, the application for condonation of delay is devoid of merit.
Relief Type:
Other
Outcome:
Refused
Description:
Restoration of 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
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Preetha vs Mini et al regarding permanent prohibitory injunction
Case Code Year
Case between Preetha vs Mini et al regarding permanent prohibitory injunction