OS. No. 1009/2015

Case between Aji vs Sudhakaran regarding realization of money.

Court

COURT OF THE MUNSIFF, KOLLAM

Judge

Smt.Ragi.S.

Order Date

2025-10-27

Duration

approximately-2 years 29 days

Case Closed

Judgement document from eCourt website

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Case Summary

Aji, the plaintiff, filed a suit against Sudhakaran for the realization of money. The plaintiff's absence due to health issues led to the dismissal of the suit for default, prompting Aji to seek restoration of the suit.

Judgment Outcome

Defendant Won

Interim Order

The applications for restoration of the suit were dismissed as the delay was not adequately explained. No costs were awarded.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

The applications for restoration of the suit were dismissed as the delay was not adequately explained. No costs were awarded.

Key Reasoning:
The delay of 435 days in filing the petition to restore was deemed unexplained and an attempt to prolong proceedings.

Why Defendant Won:
Not available

Supporting Evidence

There is absolutely no materials before the Court to show that the petitioner was prevented from filing a petition to restore the suit within the time prescribed.

Judgment Evidence:

In the result, IA 01/2025 and RP 27/2025 are dismissed. No costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Aji
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: Sudhakaran
Party Age: 60
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: S. Radhakrishnan
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Refused

Description:

Application for condonation of delay in filing the restoration petition.

Evidence:

Consequently, the application for condonation of delay is devoid of merit.