Case Summary
Biju, the plaintiff, has sought a direction to demarcate a way through the property to allocate shares. The court found no objection to the petition and allowed it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Direction to demarcate way to allocated shares of property as stated in the petition
Case Type
Civil Suit
Final Judgment
No
The petition for demarcation of property shares was allowed by the court.
Why Plaintiff Won:
The court found the petition procedurally correct and no objections were filed against it.
The court found the petition procedurally correct and no objections were filed against it.
Losing Side's Weaknesses:
The court found the petition procedurally correct and no objections were filed against it.
The court found the petition procedurally correct and no objections were filed against it.
Supporting Evidence
On the perusal of records, it is seen that Advocate Commissioner file interim report by stating that the house that belong to the petition situated in plaint A schedule property and therefore, it is not possible to demarcate a way through plaint A schedule while allocating the shares.
Judgment Evidence:
Hence petition stands allowed and Advocate Commissioner is directed to demarcate way to the allocated shares of property as stated in the petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biju
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Francis
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aneez
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mary
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Pouly
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rosily
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.M. John
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Direction to demarcate way through the property as requested in the petition.
Evidence:
Hence petition stands allowed and Advocate Commissioner is directed to demarcate way to the allocated shares of property as stated in the petition.
Documents & Evidence
Document Type:
Document bearing No. 3733/2001
Submitted By:
Plaintiff
Relevance:
Used to support the petition for demarcating a way through the property.
Reference:
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
The court heard the case and made a decision based on the arguments presented.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Property disputes
Case Code
Case between Biju vs Francis et al regarding demarcation of property shares
Case Code Year
Case between Biju vs Francis et al regarding demarcation of property shares