Case Summary
The case involves a review petition filed by the defendants, Padmakumar and others, against the plaintiffs, Varghese and Manoj Varghese. The defendants contend that they were denied an opportunity to cross-examine the plaintiffs due to their counsel's absence at a scheduled hearing.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the defendants' application, condoning the delay in filing the review petition. The court determined that the reasons for the delay were satisfactorily explained, thus permitting the defendants to proceed.
Key Reasoning:
The defendants satisfactorily explained the reasons for the delay in filing the review petition.
The defendants satisfactorily explained the reasons for the delay in filing the review petition.
Why Defendant Won:
The defendants satisfactorily explained the reasons for the delay in filing the review petition.
The defendants satisfactorily explained the reasons for the delay in filing the review petition.
Supporting Evidence
This Court is of the considered opinion that rejecting the application on mere technical grounds would cause irreparable hardship to the applicants.
Judgment Evidence:
In the result; the application is allowed and the delay for preferring the review petition is condoned.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Varghese.V
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Manoj Varghese
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Padmakumar
- Party Age
- 52
- Party Role
- Defendant
- Party Name
- Santhosh
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhash
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Arun I. Sreedhar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Bilahari.G.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sajeev.S.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Condonation of delay in filing the review petition.
Evidence:
this Court finds that the applicants have satisfactorily explained the reasons for the delay in filing the review petition.
Documents & Evidence
Document Type:
Exhibit
Submitted By:
Plaintiff
Relevance:
Marked in evidence during the examination of the respondents.
Reference:
Ext.A1
Document Type:
Exhibit
Submitted By:
Plaintiff
Relevance:
Marked in evidence during the examination of the respondents.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2015