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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
Case Closed

Judgement document from eCourt website

Judgment Document
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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
Petitioner's application for appointment of an Advocate Commissioner and Surveyor allowed to identify the alleged encroachment and report on the properties.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence

Judgment Evidence:

null

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Aliyar
Party Age
70
Relation
S/o. Pareekutty
Party Role
Defendant
Party Name
Mammoonju
Party Age
58
Relation
S/o. Pareekutty
Plaintiffs Documents
Defendants Documents

Advocates

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:

Case Classification

Case Type
Civil Case
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Aliyar vs Mammoonju regarding alleged encroachment of common pathway
Case Code Year
Case between Aliyar vs Mammoonju regarding alleged encroachment of common pathway

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Case Closed
From
Sat, 11/01/2025 - 12:00
To
Sun, 11/30/2025 - 12:00
Outcome Confidence
50%

Involved Entities

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