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O.S No. 815/2013

Case between Rajakumari @ Sarada et al vs T.N Rugmini @ Rugminibai et al regarding restoration of suit

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-19
Duration
approximately-6 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Rajakumari @ Sarada and others filed a petition to restore a suit dismissed for default. The suit concerns a mandatory injunction to remove illegal constructions put up by the defendants.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for restoration of the suit due to the plaintiffs' lack of diligence in prosecuting the case. The absence on the scheduled trial date was not adequately explained.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for restoration of the suit due to the plaintiffs' lack of diligence in prosecuting the case. The absence on the scheduled trial date was not adequately explained.
Key Reasoning:
The court found that the plaintiffs had failed to take necessary steps to identify the properties and had not appeared for the trial.
Why Defendant Won:
The court found that the plaintiffs had failed to take necessary steps to identify the properties and had not appeared for the trial.
Supporting Evidence
The plaintiffs had nearly 4 years to identify the properties but failed to take the necessary actions, leading to their absence during the trial date.

Judgment Evidence:

In the result, RP stands dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rajakumari @ Sarada
Party Age
64
Relation
W/o. Late Damodara Vadhyar
Party Role
Plaintiff
Party Name
Sreekala
Party Age
42
Relation
W/o. Vinod Kumar
Party Role
Plaintiff
Party Name
Vedavyasa Batt
Party Age
39
Relation
S/o. Damodara Vadhyar
Party Role
Defendant
Party Name
T.N Rugmini @ Rugminibai
Party Age
79
Relation
W/o. Late Krishna Vadhyar
Party Role
Defendant
Party Name
Vasanthamani
Party Age
57
Relation
W/o. Krishna Prabhu
Party Role
Defendant
Party Name
Mani
Party Age
57
Relation
W/o. Viswam
Party Role
Defendant
Party Name
Radhakrishnan Batt
Party Age
51
Relation
S/o. Late Krishna Vadhyar
Party Role
Defendant
Party Name
Geetha
Party Age
49
Relation
W/o. Jayakumar
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sunil Nair Palakkat
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abhilash K.N
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rama Narayana Prabhu
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Rejected
Description:
Restore the order dismissing the suit and allow the plaintiff to adduce evidence.
Evidence:
the petition, cannot be positively entertained and is liable to be dismissed and is therefore dismissed.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of building rules
Case Code
Case between Rajakumari @ Sarada et al vs T.N Rugmini @ Rugminibai et al regarding restoration of suit
Case Code Year
Case between Rajakumari @ Sarada et al vs T.N Rugmini @ Rugminibai et al regarding restoration of suit

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 11/30/2013 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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