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
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner to ascertain matters related to unauthorized construction.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The court found necessity in appointing an advocate commissioner to ensure a fair trial.
The court found necessity in appointing an advocate commissioner to ensure a fair trial.
Judgment Evidence:
In the light of the above discussion, the petition is allowed on the following terms:-
Parties Involved
Plaintiffs
K K Divakaran (Age not specified years)
Door No. 59/1676/1676A, Thevara Colony, Ernakulam, Kochi- 682013
Sandya (Age not specified years)
Madarakkal House, Njarakkal, Kochi Taluk
Defendants
Sushama C K (54 years years)
Maliyekkal House, Thevara Colony, Ernakulam, Kochi- 682013
Jayasimhan M G (62 years years)
Maliyekkal House, Thevara Colony, Ernakulam, Kochi- 682013
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