Case Summary
The plaintiffs, Satheesh and Sudhila, filed a suit for permanent prohibitory injunction. The suit was dismissed for default due to the plaintiffs' absence on a scheduled hearing date.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The applications for condoning the delay and restoring the suit have been dismissed. The court found no valid reason to condone the delay of 531 days.
Key Reasoning:
The court found that the plaintiffs provided no adequate evidence to justify their absence or delay.
The court found that the plaintiffs provided no adequate evidence to justify their absence or delay.
Why Defendant Won:
The court found that the plaintiffs provided no adequate evidence to justify their absence or delay.
The court found that the plaintiffs provided no adequate evidence to justify their absence or delay.
Supporting Evidence
There is no even a scrap of paper produced by the petitioners to show that they were actually prevented from attending the Court and preventing the petitioners to restore the suit on file in time.
Judgment Evidence:
In the result, IA 01/21 and RP 10/2021 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Satheesh
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sudhila
- Party Age
- 26
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ajayan
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.S.Ganesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D.B.Ajayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Petitioners filed IA No.01/2021 to condone the delay of 531 days in filing RP 10/2021.
Evidence:
Hence, the IA for condoning the delay is only liable to be dismissed.
Relief Type:
Other
Outcome:
Refused
Description:
Petitioners sought restoration of the suit which had been dismissed for default.
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
OS.NO.
Case Code Year
2015