Case Summary
The plaintiffs are seeking a mandatory and permanent injunction against the defendants regarding noise and food smell from a restaurant. They request the appointment of an Advocate Commissioner to inspect the property and assess the situation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner
Case Type
Civil Suit
Final Judgment
No
The petition for the appointment of an Advocate Commissioner was granted to inspect the property for specified points, except one regarding noise pollution, which was already assessed.
Why Plaintiff Won:
The court found the inspection necessary for proper adjudication of the suit.
The court found the inspection necessary for proper adjudication of the suit.
Losing Side's Weaknesses:
The court found the inspection necessary for proper adjudication of the suit.
The court found the inspection necessary for proper adjudication of the suit.
Supporting Evidence
The court is satisfied that the inspection is necessary for proper adjudication of the suit.
Judgment Evidence:
In the light of the above discussion, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Advocate Jacob Pulikkan
- Party Age
- 80
- Relation
- S/o late Joseph
- Party Role
- Plaintiff
- Party Name
- Abu K Thomas
- Party Age
- 47
- Relation
- S/o Thomas
- Party Role
- Plaintiff
- Party Name
- Unnikrishnan K S @ UnniSivapal
- Party Age
- 54
- Relation
- S/o Sivapal
- Party Role
- Plaintiff
- Party Name
- Dimple Paul
- Party Age
- 49
- Relation
- W/o Biju
- Party Role
- Defendant
- Party Name
- Victor P S
- Party Age
- 57
- Relation
- S/o Stanley
- Party Role
- Defendant
- Party Name
- M/s CHILLY PEPPER GOURMET KITCHENS Pvt. Ltd.
- Relation
- represented by its CEO
- Party Role
- Defendant
- Party Name
- State Of Kerala
- Relation
- represented by The Chief Secretary
- Party Role
- Defendant
- Party Name
- Corporation of Cochin
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- The Executive Engineer, Kerala Water Authority
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S K Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K M Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Philip T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Achu Shuba Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nitya R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rineesha Rajkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Urmila M G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Teenu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amritha K H
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mary Aleena Surrao
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Maria Angel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Appointment of an Advocate Commissioner to conduct an inspection of the plaint schedule property.
Evidence:
The petition is allowed on the following terms: 1) Advocate Ryan Augustine Shaji is appointed as the Commissioner in this case.
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Inspection of the plaint schedule property except for point No.3.
Evidence:
The Commissioner shall conduct inspection with respect to points stated in commission application except point No.3.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court refers to the necessity of appointing an Advocate Commissioner to conduct an inspection of the plaint schedule properties.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Noise pollution
Case Code
Case between Advocate Jacob Pulikkan et al vs Victor P S et al regarding injunction
Case Code Year
Case between Advocate Jacob Pulikkan et al vs Victor P S et al regarding injunction