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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
Case Closed

Judgement document from eCourt website

Judgment Document
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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
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 01/01/2015 - 12:00
Case Closed
From
Wed, 10/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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