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O.S. No. 904/2021

Case between K K Divakaran et al vs Sushama C K et al regarding injunction for unauthorized construction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-03-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The case involves K K Divakaran and Sandya as plaintiffs against Sushama C K and Jayasimhan M G as defendants. The plaintiffs seek an injunction against unauthorized construction by the defendants on their property.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for the appointment of an advocate commissioner to inspect the property in question. This will facilitate the proper adjudication of the case regarding the unauthorized construction.
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner to ascertain matters related to unauthorized construction.
Case Type
Injunction
Final Judgment
No
The court allowed the petition for the appointment of an advocate commissioner to inspect the property in question. This will facilitate the proper adjudication of the case regarding the unauthorized construction.
Why Plaintiff Won:
The court found necessity in appointing an advocate commissioner to ensure a fair trial.
Losing Side's Weaknesses:
The court found necessity in appointing an advocate commissioner to ensure a fair trial.
Supporting Evidence
Therefore, this court is satisfied that the ascertainment of the matters sought in commission application is necessary for the proper adjudication of the suit.

Judgment Evidence:

In the light of the above discussion, the petition is allowed on the following terms:-

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K K Divakaran
Relation
S/o late Kelan Kunjappan
Party Role
Plaintiff
Party Name
Sandya
Relation
W/o Mukesh and D/o Divakaran
Party Role
Defendant
Party Name
Sushama C K
Party Age
54
Relation
D/o late Krishnan
Party Role
Defendant
Party Name
Jayasimhan M G
Party Age
62
Relation
S/o late M A Gangadharan
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rapheeque C K
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nidhinkumar K B
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Vidhya C V
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Vijeendra Chandran
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sreya Kuriakose
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ajmal K M
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Deepthi Bose
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Chitra S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
T K Radhakrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S Sreedevi
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Chitra R Shenoy
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
T R Harikrishnan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Haritha Ullas
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Mohammed Sabir
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Appointment of an advocate commissioner with the assistance of an expert engineer and surveyor to inspect the plaint schedule property and ascertain the matters mentioned.
Evidence:
the petition is to be allowed in the interest of the justice and an advocate commissioner is to be appointed to collect valuable inputs for a proper and fair adjudication of the above suit

Documents & Evidence

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K K Divakaran et al vs Sushama C K et al regarding injunction for unauthorized construction
Case Code Year
Case between K K Divakaran et al vs Sushama C K et al regarding injunction for unauthorized construction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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