Case Summary
The petitioners, led by C.M.Sreemathy, seek to restore a suit that was adjourned due to the absence of the 6th plaintiff, who is undergoing treatment. The respondents objected to the petition, stating that no medical records were presented to substantiate the claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit contingent upon the payment of costs of 4,000/-
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for restoration of the suit due to sufficient reasons provided for the non-appearance of the 6th plaintiff. However, the petitioners are required to pay costs to the respondents.
Why Plaintiff Won:
The petitioner provided sufficient reason for the non-appearance at trial.
The petitioner provided sufficient reason for the non-appearance at trial.
Losing Side's Weaknesses:
The petitioner provided sufficient reason for the non-appearance at trial.
The petitioner provided sufficient reason for the non-appearance at trial.
Supporting Evidence
Sufficient reason is shown by the petitioner.
Judgment Evidence:
Hence, I find that this petition can be allowed and at the same time the opposite side is to be adequately compensated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Geetha.V.T
- Party Age
- 78
- Relation
- W/o.
- Party Role
- Plaintiff
- Party Name
- Beena Naveen Kumar
- Party Age
- 68
- Relation
- W/o.
- Party Role
- Plaintiff
- Party Name
- C.M.Jeevan
- Party Age
- 65
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- C.M.Sharmila
- Party Age
- 63
- Relation
- W/o.
- Party Role
- Plaintiff
- Party Name
- C.M.Rajeev
- Party Age
- 60
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Raman @Ramachandran
- Party Age
- 51
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- N.M.Ashokan
- Party Age
- 68
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- E.Sunil Kumar
- Party Age
- 52
- Relation
- S/o.
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B.Sivarama Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
This petition is filed to restore the suit to file.
Evidence:
Hence, I find that this petition can be allowed and at the same time the opposite side is to be adequately compensated.
Relief Type:
Other
Outcome:
Granted
Description:
Compensation of costs to the opposite side.
Evidence:
Hence, I find that this petition can be allowed and at the same time the opposite side is to be adequately compensated.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
OS
Case Code Year
2018