Case Summary
Petition filed for restoration of a suit dismissed due to non-appearance by plaintiff working abroad. Counter statement raised no right to file petition. Court granted petition on condition of cost payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit on condition of cost payment
Case Type
Civil Suit - Restoration
Final Judgment
No
The court granted the restoration of the suit on condition of cost payment.
Why Plaintiff Won:
Petitioners' had substantial contentions and evidence to adduce in the case. Court found no willful laches on their part and granted the restoration.
Petitioners' had substantial contentions and evidence to adduce in the case. Court found no willful laches on their part and granted the restoration.
Losing Side's Weaknesses:
Petitioners' had substantial contentions and evidence to adduce in the case. Court found no willful laches on their part and granted the restoration.
Petitioners' had substantial contentions and evidence to adduce in the case. Court found no willful laches on their part and granted the restoration.
Supporting Evidence
There is nothing on record to show that petitioner was not in a position to appear before the court on 6-10-2017. Court found no material to show any sufficient reason for non-appearance.
Judgment Evidence:
In the result, the petition is allowed on condition to pay the cost of Rs.4,000 by the petitioner to the respondents on or before 19.1.2018.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vinod Kumar
- Party Age
- 41
- Relation
- S/o Kolankara
- Party Role
- Defendant
- Party Name
- K. Rajagopala Panikkar
- Party Age
- 75
- Party Role
- Defendant
- Party Name
- Sarojini Amma
- Party Age
- 84
- Party Role
- Defendant
- Party Name
- Sarada Amma
- Party Age
- 81
- Party Role
- Defendant
- Party Name
- Balamaniyamma
- Party Age
- 75
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Sunilkumar
- Party Age
- 39
- Party Role
- Defendant
- Party Name
- Balachandran
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Suseelan
- Party Age
- 61
Plaintiffs Documents
Evidence of working abroad, Power of attorney
Defendants Documents
Counter statement, Previous case records
Advocates
Reliefs
Relief Type:
Restoration of suit
Outcome:
Granted
Description:
Restoration of the suit on condition of cost payment
Evidence:
In the result, the petition is allowed on condition to pay the cost of Rs.4,000 by the petitioner to the respondents on or before 19.1.2018.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Restoration
Category
Case Restoration and Delays
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Vinod Kumar et al vs Moolayil Krishnapanikkar's et al regarding restoration of dismissed suit
Case Code Year
Case between Vinod Kumar et al vs Moolayil Krishnapanikkar's et al regarding restoration of dismissed suit