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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
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.
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.
The court found that the plaintiffs had failed to take necessary steps to identify the properties and had not appeared for the trial.
Why Defendant Won:
The court found that the plaintiffs had failed to take necessary steps to identify the properties and had not appeared for the trial.
The court found that the plaintiffs had failed to take necessary steps to identify the properties and had not appeared for the trial.
Supporting Evidence
The plaintiffs had nearly 4 years to identify the properties but failed to take the necessary actions, leading to their absence during the trial date.
Judgment Evidence:
In the result, RP stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajakumari @ Sarada
- Party Age
- 64
- Relation
- W/o. Late Damodara Vadhyar
- Party Role
- Plaintiff
- Party Name
- Sreekala
- Party Age
- 42
- Relation
- W/o. Vinod Kumar
- Party Role
- Plaintiff
- Party Name
- Vedavyasa Batt
- Party Age
- 39
- Relation
- S/o. Damodara Vadhyar
- Party Role
- Defendant
- Party Name
- T.N Rugmini @ Rugminibai
- Party Age
- 79
- Relation
- W/o. Late Krishna Vadhyar
- Party Role
- Defendant
- Party Name
- Vasanthamani
- Party Age
- 57
- Relation
- W/o. Krishna Prabhu
- Party Role
- Defendant
- Party Name
- Mani
- Party Age
- 57
- Relation
- W/o. Viswam
- Party Role
- Defendant
- Party Name
- Radhakrishnan Batt
- Party Age
- 51
- Relation
- S/o. Late Krishna Vadhyar
- Party Role
- Defendant
- Party Name
- Geetha
- Party Age
- 49
- Relation
- W/o. Jayakumar
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sunil Nair Palakkat
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhilash K.N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rama Narayana Prabhu
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of building rules
Case Code
Case between Rajakumari @ Sarada et al vs T.N Rugmini @ Rugminibai et al regarding restoration of suit
Case Code Year
Case between Rajakumari @ Sarada et al vs T.N Rugmini @ Rugminibai et al regarding restoration of suit