Case Summary
Rejani Rajeev Menon filed a restoration petition to set aside an exparte eviction order issued against her. She claims that the order was passed without proper representation and contests the arrears claimed by the respondent.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The restoration petition was dismissed by the court on the grounds that the petitioner failed to provide sufficient reason for condoning the delay in filing the petition. There was no order as to costs.
Key Reasoning:
The court found that the petitioner had knowledge of the eviction proceedings and failed to comply with the court's orders.
The court found that the petitioner had knowledge of the eviction proceedings and failed to comply with the court's orders.
Why Defendant Won:
The court found that the petitioner had knowledge of the eviction proceedings and failed to comply with the court's orders.
The court found that the petitioner had knowledge of the eviction proceedings and failed to comply with the court's orders.
Supporting Evidence
The present restoration application is accompanied with a delay condonation petition, as IA 1/2025 for condoning the delay of alleged 132 days in preferring this petition. After an elaborate discussion, this court had found that no sufficient reason or reasonable explanation was offered by the petitioner herein so as to condone the delay as sought for in IA 1/2025.
Judgment Evidence:
In the result, the restoration petition is dismissed. Considering the facts and circumstances of the case, there is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rejani Rajeev Menon
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rasiabi Aboobacker
- Party Age
- 79
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ramkumar J.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrin Fathima
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kurian Antony Edassery
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ann Emil Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ratheesh M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petitioner sought to set aside the exparte order dated 22.01.2025.
Evidence:
Therefore, there arises no scope for going into the merits of this petition. Hence Point No. 1 is found against the petitioner.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rejani Rajeev Menon vs Rasiabi Aboobacker regarding setting aside an exparte eviction order
Case Code Year
Case between Rejani Rajeev Menon vs Rasiabi Aboobacker regarding setting aside an exparte eviction order