OS.No. 463/2021

Case between Renjini vs Fathimi Sudheer et al regarding restoration of IA 125/2024

Court

IN THE COURT OF THE MUNSIFF, KOLLAM

Judge

Smt.Ragi.S.

Order Date

2025-12-19

Duration

approximately-1 year 8 months

Case Code No.

463

Case Closed

Fri, 12/19/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The plaintiff, Renjini, filed a petition to restore the suit which was dismissed for default. The defendants contested that the plaintiff failed to serve necessary notices and the restoration petition is not maintainable.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

The applications for condonation of delay and restoration were dismissed due to unexplained delay by the plaintiff.

Key Reasoning:
The plaintiff failed to adequately explain the delay in filing for restoration.

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 116/2025 are dismissed. No costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Renjini
Party Age: 38
Relation: S/o

Party Role: Defendant
Party Name: Fathimi Sudheer
Party Age: 38
Relation: W/o

Party Role: Defendant
Party Name: Sudheer
Party Age: 42
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Binu Balachandran
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Cherumood K.Satheesan
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Refused

Description:

Application for condonation of delay in filing RP 116/2025.

Evidence:

The delay of 181 days not at all explained. The delay thus remains unexplained and appears to be an attempt to protract the proceedings.