Case Summary
The petitioners, Rafael and Josepheena, are seeking an advocate commissioner to measure and prepare a sketch of property related to their counter claim. The plaintiffs, Mable Ignatious and others, oppose the petition, arguing that the petitioners have no right to restrict access to a public pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The appointment of an Advocate Commissioner is necessary for proper evidence collection related to counter claims.
The appointment of an Advocate Commissioner is necessary for proper evidence collection related to counter claims.
Judgment Evidence:
In the result, the petition is allowed on the following terms:- 1) Advocate Jomol Pius is appointed as the Commissioner in this case and whose remuneration shall be Rs.10,000/- which shall be paid directly to the Commissioner by defendant.
Parties Involved
Plaintiffs
Mable Ignatious (67 years)
Pandaraparambil House, Mulavukad, Mulavukad P O, Pin – 682 504
Antony Savio (47 years)
Pandaraparambil House, Mulavukad, Mulavukad P O, Pin – 682 504
Sylex George (40 years)
Pandaraparambil House, Mulavukad, Mulavukad P O, Pin – 682 504
Mary Seeba (42 years)
Pandaraparambil House, Mulavukad, Mulavukad P O, Pin – 682 504
Defendants
Rafael (76 years)
Palliparambil House, Mulavukad, Mulavukad P O, Pin – 682 504
Josepheena (67 years)
Palliparambil House, Mulavukad, Mulavukad P O, Pin – 682 504
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition for the appointment of an Advocate Commissioner to measure and prepare a sketch of the counter claim properties.
Evidence:
In the result, the petition is allowed on the following terms:- Advocate Jomol Pius is appointed as the Commissioner in this case.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court referred to previous commission reports for making a decision on the measurement application.
Reference:
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The defendants seek to rely on the title deeds to support their application for measuring the counter claim properties.
Reference:
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The court considered oral arguments presented by both sides regarding the rights over the property.
Reference: