Case Summary
Petitioners sought restoration of a suit for injunction dismissed due to petitioner's non-appearance citing old age ailments. Defendants opposed claim stating petitioner intentionally avoided appearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petition allowed with costs
Case Type
Civil Suit - Injunction
Final Judgment
No
The petition was allowed on the condition that the petitioner pays Rs. 5,000 to the respondents by a specified date.
Why Plaintiff Won:
The petitioner's non-appearance was due to valid reasons cited, leading to restoration of the suit.
The petitioner's non-appearance was due to valid reasons cited, leading to restoration of the suit.
Losing Side's Weaknesses:
The petitioner's non-appearance was due to valid reasons cited, leading to restoration of the suit.
The petitioner's non-appearance was due to valid reasons cited, leading to restoration of the suit.
Supporting Evidence
The suit was restored as the petitioner's absence was due to valid reasons, justifying the restoration.
Judgment Evidence:
The petition was allowed on the condition to pay Rs. 5,000 to the respondents by 22/5/2018.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pallatt Kunhavaru
- Relation
- Unknown
- Party Role
- Plaintiff
- Party Name
- Kadeeja
- Relation
- Daughter of Pallimalil Ayamutty
- Party Role
- Defendant
- Party Name
- Kadeeja
- Relation
- Wife of Thadathiparamban Saithalavi
- Party Role
- Defendant
- Party Name
- Muneer
- Relation
- Son of Thadathiparamban Saithalavi
- Party Role
- Defendant
- Party Name
- Sajeeb
- Party Age
- 36
- Relation
- Unknown
- Party Role
- Defendant
- Party Name
- Arafath
- Party Age
- 34
- Relation
- Unknown
- Party Role
- Defendant
- Party Name
- Suneera
- Party Age
- 32
- Relation
- Unknown
- Party Role
- Defendant
- Party Name
- Naseema
- Party Age
- 30
- Relation
- Unknown
Plaintiffs Documents
Unknown
Defendants Documents
Unknown
Advocates
- Party Role
- Plaintiff
- Advocate Name
- E.C. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V. Chandrasekharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Not Decided
Outcome:
Not Decided
Description:
Restoration of suit for injunction
Evidence:
Petition filed under O.IX R.9 of CPC for restoration of the dismissed suit
Documents & Evidence
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Pallatt Kunhavaru et al vs Kadeeja et al regarding restoration of suit
Case Code Year
Case between Pallatt Kunhavaru et al vs Kadeeja et al regarding restoration of suit