O.S. No. 8 8 7 /20 1 5

Case between Joseph Francis et al vs Antony et al regarding declaration and permanent prohibitory injunction

Court

COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany

Order Date

2025-10-16

Duration

approximately-10 years 8 months

Judgement document from eCourt website

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Case Summary

The case involves plaintiffs Joseph Francis and Godwin Jose seeking a declaration and a permanent injunction regarding a pathway. The defendants include Antony, Lissy Antony, and Ida Baby, who oppose the appointment of an Advocate Commissioner.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition for appointing an Advocate Commissioner to measure and demarcate the plaint schedule properties. The defendants opposed the petition but the court found the appointment necessary for proper adjudication.

Judgment Favored

Plaintiff

Relief Granted

Appointment of Advocate Commissioner M.D. Beena with specific directions.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The appointment of an Advocate Commissioner was deemed necessary for proper adjudication of the case.

Judgment Evidence:

In the result, the petition is allowed on the following terms: Advocate M.D. Beena is appointed as the Commissioner in this case and whose remuneration shall be Rs.10,000/- which shall be paid directly to the Commissioner by the plaintiffs.

Parties Involved

Plaintiffs

Joseph Francis (66 years years) Konnullil House, Vyttila desom and Post, Kochi – 682 019 Godwin Jose (31 years years) Konnullil House, Vyttila desom and Post, Kochi – 682 019

Defendants

Antony (66 years years) Konnullil House, Vyttila desom and Post, Kochi – 682 019 Lissy Antony (Age not specified years) Konnullil House, Vyttila desom and Post, Kochi – 682 019 Ida Baby (Age not specified years) Konnullil House, Vyttila desom and Post, Kochi – 682 019

Reliefs

Relief Type: Other

Outcome: Granted

Description:

Appointment of an Advocate Commissioner for measuring and demarcating the plaint schedule properties.

Evidence:

In the result, the petition is allowed on the following terms: Advocate M.D. Beena is appointed as the Commissioner in this case and whose remuneration shall be Rs.10,000/-.

Documents & Evidence

Document Type: Advocate Commissioner Report

Submitted By: Plaintiff

Relevance:

Court referred to an existing commission report from a related suit that the plaintiffs had previously obtained.

Reference:

Document Type: Order for Advocate Commissioner

Submitted By: Court