Case Summary
The petitioners are seeking the appointment of an advocate commissioner with expert assistance due to allegations that the defendant demolished the boundary wall of the plaint schedule property. The defendant contends that the application is false and that the petition is defective.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of advocate commissioner with expert assistance
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for appointing an advocate commissioner to ascertain the matters in dispute. The advocate commissioner is directed to report the relevant matters.
Why Plaintiff Won:
The petition was allowed to ascertain and report relevant matters in dispute between the parties.
The petition was allowed to ascertain and report relevant matters in dispute between the parties.
Losing Side's Weaknesses:
The petition was allowed to ascertain and report relevant matters in dispute between the parties.
The petition was allowed to ascertain and report relevant matters in dispute between the parties.
Supporting Evidence
The court stated that the petitioner can challenge the power of attorney and locus standi at a later stage but does not preclude the court from granting the interim order.
Judgment Evidence:
Hence, for ascertaining the matters in the petition and for elucidating the matters in disputes between the parties, this IA is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Asokan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K.Suresh Babu @ Sukumaran
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rema
- Party Age
- 58
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sudharma
- Party Age
- 72
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sekharan
- Party Age
- 83
- Party Role
- Defendant
- Party Name
- B.Satheesan
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.Premakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.S.Gopinathan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Jayaprasad.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Permission to appoint an advocate commissioner with expert assistance.
Evidence:
Hence, for ascertaining the matters in the petition and for elucidating the matters in disputes between the parties, this IA is allowed.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
This order allows the petitioner's request for the appointment of an advocate commissioner.
Reference:
IA.No.7/2025 in OS.No.1366/2017
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2017