Case Summary
Petitioner Sajeev filed a restoration petition seeking partition as the defendant was set ex parte in the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of partition suit
Case Type
Restoration Petition - Partition
Final Judgment
No
The court allowed the restoration petition and the partition suit due to the ex parte status of the defendant.
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Losing Side's Weaknesses:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Supporting Evidence
Heard. Since it is a suit for partition, I am inclined to allow this petition.
Judgment Evidence:
Heard. As suit is for partition and defendant was set ex parte in the suit, this application is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeev
- Party Age
- 34
- Party Role
- Defendant
- Party Name
- Kaaliyamma
- Party Age
- 65
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- GOPIKADAVATH
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Advocate appearing for Kaaliyamma
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Restoration of partition suit
Outcome:
Granted
Description:
Restoration of the partition suit due to the ex parte status of the defendant.
Evidence:
Heard. As suit is for partition and defendant was set ex parte in the suit, this application is allowed.
Documents & Evidence
Case Classification
Case Type
Restoration Petition - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Sajeev vs Kaaliyamma regarding partition
Case Code Year
Case between Sajeev vs Kaaliyamma regarding partition