Case Summary
The plaintiffs, Leela, Kumari Sheela, and Jayalekshmi, are involved in a case against the defendant, Peerumohammed. The court addressed an application for the appointment of an advocate commissioner and surveyor to ascertain the condition of the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of advocate commissioner and surveyor
Case Type
Civil Suit
Final Judgment
No
The application for the appointment of an advocate commissioner and surveyor was granted, with specific directions for compliance.
Why Plaintiff Won:
The applicant made out a prima facie case warranting the appointment of a commissioner to elucidate factual aspects of the case.
The applicant made out a prima facie case warranting the appointment of a commissioner to elucidate factual aspects of the case.
Losing Side's Weaknesses:
The applicant made out a prima facie case warranting the appointment of a commissioner to elucidate factual aspects of the case.
The applicant made out a prima facie case warranting the appointment of a commissioner to elucidate factual aspects of the case.
Supporting Evidence
The learned counsel for the applicant contended that a commission report along with a survey plan are essential to elucidate the factual aspects of the case, particularly for ascertaining the present condition and characteristics of the plaint schedule property.
Judgment Evidence:
Hence, for ascertaining the matters in the application and for elucidating the disputes between the parties, this IA is allowed as follows: (a) Advocate Sri.Gopikrishnan, is appointed as the advocate commissioner and Sri.O.S Sajeev is appointed as the surveyor to assist the advocate commissioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leela
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kumari Sheela
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jayalekshmi
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Peerumohammed
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri.M.S.Maneesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.A.Sundar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sindhu.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of an advocate commissioner and surveyor to assist in the case.
Evidence:
the appointment of an advocate commissioner along with a surveyor as prayed for in the present application, is warranted.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court ordered the appointment of an advocate commissioner to elucidate the factual aspects of the case.
Reference:
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The court acknowledged the need for a survey plan to ascertain the present condition and characteristics of the plaint schedule property.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Leela et al vs Peerumohammed regarding appointment of advocate commissioner
Case Code Year
Case between Leela et al vs Peerumohammed regarding appointment of advocate commissioner