Case Summary
Lal Xavier is the plaintiff seeking a mandatory injunction against Flora Abraham and others. The case involves a dispute over property ownership and the necessity of appointing a Taluk surveyor for property identification.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for appointing an advocate commissioner was dismissed as the court found no merit in it.
Key Reasoning:
The court found that the identification of the property was unnecessary for adjudication, as the property was already clearly identified and the plaintiff was in possession.
The court found that the identification of the property was unnecessary for adjudication, as the property was already clearly identified and the plaintiff was in possession.
Why Defendant Won:
The court found that the identification of the property was unnecessary for adjudication, as the property was already clearly identified and the plaintiff was in possession.
The court found that the identification of the property was unnecessary for adjudication, as the property was already clearly identified and the plaintiff was in possession.
Supporting Evidence
Therefore, the identification of the property does not arise in the context of nature of relief claimed in the present suit.
Judgment Evidence:
Petition is dismissed. Considering facts and circumstances of the case, parties shall bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lal Xavier
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Flora Abraham
- Party Age
- 84
- Relation
- W/o late V X Abraham
- Party Role
- Defendant
- Party Name
- Bipin Abraham
- Party Age
- 46
- Relation
- S/o late V X Abraham
- Party Role
- Defendant
- Party Name
- Marykutty
- Party Age
- 52
- Relation
- W/o late Baiju Abraham
- Party Role
- Defendant
- Party Name
- Sheeba
- Party Age
- 47
- Relation
- W/o late Bimal Abraham
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- K P Santhi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nisha G Tharamel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vipin D G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Daniel A J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karol Mathews Sebastian Alencherry
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Petition for appointment of advocate commissioner to identify the property was sought.
Evidence:
Hence the court finds no merit in the petition.
Documents & Evidence
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 Lal Xavier vs Flora Abraham et al regarding mandatory injunction.
Case Code Year
Case between Lal Xavier vs Flora Abraham et al regarding mandatory injunction.