Case Summary
This case involves a petition by the 3rd defendant seeking to set aside a Commission report and plan related to a suit for declaration, recovery of possession, and fixation of boundary. The petitioner's allegations center on irregularities in the Commission's measurements and reporting.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Final Judgment
No
Why Plaintiff Won:
The Commission report did not satisfactorily address the issues in dispute.
The Commission report did not satisfactorily address the issues in dispute.
Judgment Evidence:
In the result:- The Commission report and plan submitted earlier are set aside. A fresh Commission shall be issued to the same Commissioner/Senior Surveyor (or another competent person, if necessary) with specific directions to: Measure and locate the properties strictly as per Sale Deed No. 4350/1998, Partition Deed No. 4812/2006, and Deed No. 31/1997 wherever applicable.
Parties Involved
Plaintiffs
Gopalakrishnan @ Balakrishnan (Age not specified years)
Kolakkattu House, Cheranalloor Kara, Koovappady Village, Kunnathunadu Taluk.
Sukumari (Age not specified years)
Kolakkattu House, Cheranalloor Kara, Koovappady Village.
Sreejith (Age not specified years)
Kolakkattu House, Cheranalloor Kara, Koovappady Village.
Sreeja (Age not specified years)
Kolakkattu House, Cheranalloor Kara, Koovappady Village.
Defendants
Sathidevi (Age not specified years)
Kolakkattu House, Cheranalloor Kara, Koovappady Village.
Prathapachandran (Age not specified years)
Kolakkattu House, residing at Sreehari House, Elambakappilly Kara, Vengoor West Village.
Sheelakumari (Age not specified years)
Kolakkattu House and W/o. Sankaran Kutty, Kalavara House, Punnorkkodu Kara, Pattimattom Village.
Lalithambika (Age not specified years)
Cheriyapallamthuruthu Kara, Paravur Village, Paravur Taluk, Now residing at Chembakassery House, Cheranalloor Kara, Koovappady Village.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The commission report and plan submitted earlier are set aside and a fresh commission shall be issued.
Evidence:
The present Commission report and plan do not satisfactorily answer the issues in dispute and require reconsideration.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court evaluated the commission report submitted in O.S. No.188/2019.
Reference:
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The court considered the survey plan related to the commission report.
Reference:
Document Type:
Sale deed
Submitted By:
Unknown
Relevance:
The petitioner alleged that the commission report failed to measure properties based on this sale deed.
Reference:
Sale Deed No. 4350/1998
Document Type:
Partition Deed
Submitted By:
Unknown
Relevance:
The petitioner contended that the commission report did not adhere to this partition deed.
Reference:
Partition Deed No. 4812/2006