Case Summary
C A John, the plaintiff, seeks to review an order regarding a declaration of easement by prescription and permanent prohibitory injunction. The defendants include C A Joseph and others who oppose the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order dated 10.09.2024 in IA 4/2024 is reviewed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found sufficient grounds to review the order in the interest of justice for effective adjudication of the suit.
The court found sufficient grounds to review the order in the interest of justice for effective adjudication of the suit.
Judgment Evidence:
In the result, 1) Petition is allowed. Order dated 10.09.2024 in IA 4/2024 is reviewed. Advocate commissioner shall inspect the property with the assistance of Taluk Surveyor.
Parties Involved
Plaintiffs
C A John (72 years)
Chulliyadan House, Chilavannoor Road, Kadavanthra P O, Kochi-20
Defendants
C A Joseph @ Pappa (73 years)
Chulliyadan House, Chilavannoor Road, Kadavanthra, Kochi- 18
C V Varghese @ Vakkachan (69 years)
Chulliyadan House, Chilavannoor Road, Kadavanthra, Kochi- 18
C V Martin @ Benny (52 years)
Chulliyadan House, Chilavannoor Road, Kadavanthra, Kochi- 18
Lekha P (69 years)
Samyama House, Kaloor, Ernakulam
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Review of order dated 10.09.2024 in IA 4/2024 allowing advocate commissioner to inspect the property with assistance of a Taluk Surveyor.
Evidence:
Accordingly, this court is satisfied that there is sufficient ground to review order dated 10.09.2024 in the interest of justice for effective adjudication of the suit.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
The court reviewed and modified its earlier order in this petition.
Reference:
IA 4/2024
Document Type:
Order
Submitted By:
Court
Relevance:
The court referenced this order to highlight the oversight regarding the appointment of the Taluk Surveyor.
Reference:
OP(C) 1692/2023