Case Summary
The plaintiff, Kalpana, seeks the appointment of an advocate commissioner to measure her property and report on a pathway for access. The defendants argue the petition should be dismissed, contending it interferes with their rights and the case is collusive.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Malini Rao as advocate commissioner along with a private surveyor.
Case Type
Civil Suit
Final Judgment
No
The petition for appointing an advocate commissioner to measure the properties is allowed. The plaintiff is to ensure timely compliance with the orders given by the court.
Why Plaintiff Won:
The court found that a local investigation is necessary for resolving the issues in the case.
The court found that a local investigation is necessary for resolving the issues in the case.
Losing Side's Weaknesses:
The court found that a local investigation is necessary for resolving the issues in the case.
The court found that a local investigation is necessary for resolving the issues in the case.
Supporting Evidence
It is absolute necessary to have a local investigation by an advocate commissioner and a surveyor to measure out the subject matter properties.
Judgment Evidence:
In the result, the petition is allowed as follows; i. Advocate Malini Rao is appointed as an advocate commissioner along with a private surveyor, to assist the advocate commissioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kalpana
- Party Age
- 74
- Relation
- D/o late Narayanan
- Party Role
- Defendant
- Party Name
- Sivaraman
- Party Age
- 75
- Party Role
- Defendant
- Party Name
- Dhanya
- Party Age
- 42
- Relation
- D/o Sivaraman
- Party Role
- Defendant
- Party Name
- Varghese Paul
- Party Age
- 52
- Relation
- S/o Paulose
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sankarjee, S. Sidhardhan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Varghese P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of Advocate Commissioner and a private surveyor for property measurement.
Evidence:
Hence this petition is to be allowed.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
The court delivered an order allowing the petition for the appointment of an Advocate Commissioner and a private surveyor.
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 Kalpana vs Sivaraman et al regarding appointment of an advocate commissioner for property measurement.
Case Code Year
Case between Kalpana vs Sivaraman et al regarding appointment of an advocate commissioner for property measurement.