Case Summary
The petitioners are seeking to restore a previously dismissed suit, O.S.367/2018, related to the administration of a temple. The respondents objected to the restoration claiming the petitioners failed to provide valid reasons for the delay.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition for restoration was dismissed due to the petitioners' failure to provide valid reasons for the delay in filing. Both parties were directed to bear their own costs.
Key Reasoning:
The court found willful laches on the part of the petitioners, who failed to execute their responsibilities in conducting the suit.
The court found willful laches on the part of the petitioners, who failed to execute their responsibilities in conducting the suit.
Why Defendant Won:
The court found willful laches on the part of the petitioners, who failed to execute their responsibilities in conducting the suit.
The court found willful laches on the part of the petitioners, who failed to execute their responsibilities in conducting the suit.
Supporting Evidence
This court is of the view that there is no genuine reason is put forwarded by the petitioners for condoning the delay.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mambazhamoola Sree Mahaganapathi Kshethram
- Relation
- represented by 2nd Plaintiff
- Party Role
- Plaintiff
- Party Name
- Muraleedharan. V.
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Babu
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thankamma
- Party Age
- 76
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sivaseelan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gopinathan Asari
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhashini
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sudharma
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sujatha
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jayadas
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Smart
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petition for condoning the delay and restoring the suit into file
Evidence:
So the present petition is liable to be dismissed.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Mambazhamoola Sree Mahaganapathi Kshethram et al vs Gopinathan Asari et al regarding restoration of suit
Case Code Year
Case between Mambazhamoola Sree Mahaganapathi Kshethram et al vs Gopinathan Asari et al regarding restoration of suit