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O.S No. 815/2013

Case between Rajakumari @ Sarada et al vs T.N Rugmini @ Rugminibai et al regarding restoration of suit

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-19
Duration
approximately-6 years

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Rajakumari @ Sarada and others filed a petition to restore a suit dismissed for default. The suit concerns a mandatory injunction to remove illegal constructions put up by the defendants.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for restoration of the suit due to the plaintiffs' lack of diligence in prosecuting the case. The absence on the scheduled trial date was not adequately explained.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the plaintiffs had failed to take necessary steps to identify the properties and had not appeared for the trial.

Judgment Evidence:

In the result, RP stands dismissed.

Parties Involved

Plaintiffs

Rajakumari @ Sarada (64 years) Thareparambil House, TD North Gate, Kochi 682 035 Sreekala (42 years) 40/5973 A, 1st Floor No.9 'Grihasankulam' TD West Road, Kochi -35 Vedavyasa Batt (39 years) Thareparambil House, TD North Gate, Kochi 682 035

Defendants

T.N Rugmini @ Rugminibai (79 years) Thareparambil House, TD North Gate, Kochi 682 035 now residing at TDF complex 3rd floor, TD West Road Vasanthamani (57 years) D.No. 39/4847 A, Girinagar, Ernakulam - 682 036 Mani (57 years) TD complex 3rd floor, TD Complex, TD West Road, Kochi – 35 Radhakrishnan Batt (51 years) TD Complex 3rd floor, TD West Road, Kochi -35 Geetha (49 years) D.No.8/10, Cheralai, Kochi, Mattancherry, Kochi -2

Reliefs

Relief Type: Mandatory Injunction
Outcome: Rejected
Description:
Restore the order dismissing the suit and allow the plaintiff to adduce evidence.
Evidence:
the petition, cannot be positively entertained and is liable to be dismissed and is therefore dismissed.

Documents & Evidence

Quick Facts

Location
Case Filed
Sat, 11/30/2013 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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