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
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner M.D. Beena with specific directions.
Case Type
Civil Suit
Final Judgment
No
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.
Why Plaintiff Won:
The appointment of an Advocate Commissioner was deemed necessary for proper adjudication of the case.
The appointment of an Advocate Commissioner was deemed necessary for proper adjudication of the case.
Losing Side's Weaknesses:
The appointment of an Advocate Commissioner was deemed necessary for proper adjudication of the case.
The appointment of an Advocate Commissioner was deemed necessary for proper adjudication of the case.
Supporting Evidence
I am convinced that the appointment of an Advocate Commissioner with the assistance of a Taluk surveyor is necessary to collect valuable inputs for a proper and fair adjudication of the above suit on merits.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Francis
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Godwin Jose
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lissy Antony
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ida Baby
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K C Charles
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vimal K Charles
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M K Dileepan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K D Vincent
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Manu Roy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bindu K N
- Appearance Type
- Assisting Counsel
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
Relevance:
Court allowed the petition and appointed an Advocate Commissioner to assess the property in question.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Joseph Francis et al vs Antony et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Joseph Francis et al vs Antony et al regarding declaration and permanent prohibitory injunction