Case Summary
Remya, the petitioner, is seeking to restore a suit dismissed for default and to condone a delay in filing her petition. The suit involves a property dispute with the defendants, who are accused of attempting to encroach upon her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the dismissed suit
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to restore the dismissed suit based on the merits of the case, ordering the petitioner to pay a cost to the respondents.
Why Plaintiff Won:
The petitioner demonstrated a clear contestable case and justified the delay in filing.
The petitioner demonstrated a clear contestable case and justified the delay in filing.
Losing Side's Weaknesses:
The petitioner demonstrated a clear contestable case and justified the delay in filing.
The petitioner demonstrated a clear contestable case and justified the delay in filing.
Supporting Evidence
The petitioner clearly articulated the irreparable loss caused by the dismissal and supported her request with sufficient reasoning.
Judgment Evidence:
Hence, this petition is allowed, and the order of dismissal of the suit dated 21/08/2022 is set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Remya
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Branch Manager, Danalekshmi Bank
- Party Role
- Defendant
- Party Name
- Assistant General Manager, Infrastructure Department, Danalekshmi Bank
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.N.Husker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Allow the restoration of the suit and condone the delay in filing the petition.
Evidence:
Hence, this petition is allowed, and the order of dismissal of the suit dated 21/08/2022 is set aside in view of the power vested in this court under Order 9 Rule 9 CPC on the condition that the petitioner shall pay a cost of Rs. 1000/- to the respondent on or before 20/12/2025.
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 Remya vs Branch Manager, Danalekshmi Bank regarding permanent prohibitory injunction
Case Code Year
Case between Remya vs Branch Manager, Danalekshmi Bank regarding permanent prohibitory injunction