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I.A. No. 2/2024 in O.S. No.441/2019

Case between Aliyar vs Mammoonju regarding alleged encroachment of common pathway

Court
THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Sumey Chandran
Order Date
2025-11-01
Duration

Judgement document from eCourt website

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Case Summary

The petitioner seeks to identify and report on alleged encroachment made by the respondent over a common pathway, which is a point of contention between the parties.

Judgment Outcome

Partial Relief
Interim Order
Petitioner's application for appointment of an Advocate Commissioner and Surveyor allowed to identify the alleged encroachment and report on the properties.
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Case
Final Judgment
No
Key Reasoning:

Judgment Evidence:

null

Parties Involved

Plaintiffs

Aliyar (70 years years) Madappattu House, Pinarmunda Kara, Peringala P 0, Kunnathunadu Village, Kunnathunadu Taluk, Ernakulam District

Defendants

Mammoonju (58 years years) Madappattu House, Pinarmunda Kara, Peringala P 0, Kunnathunadu Village, Kunnathunadu Taluk, Ernakulam District

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Pathway demarcation for use by children and access to Panchayat road
Reference:
Document Type: Village Officer measurement
Submitted By: Defendant
Relevance:
Disputing existence of pathway and opposing appointment of commission
Reference:
Document Type: Legal precedent
Submitted By: Court
Relevance:
Respondent's objection on maintainability of commission
Reference:
Madhavan V. Narayanakutty [2019 (4) KLT 208]
Document Type: Judgment
Submitted By: Court
Relevance:
Appointment of Advocate Commissioner for property inspection
Reference:

Quick Facts

Location
Case Filed
Outcome Confidence
50%

Involved Entities

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