Case Summary
The case involves a permanent prohibitory injunction sought by the plaintiff, Mohammed Ashraf, against the defendants, Flavian and Jessy, over a boundary dispute. The defendants filed a petition to remove the case from the list, stating a need for further measurement of properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the defendants did not file objections to the commission report and ruled the application to conduct further measurement was a tactic to delay.
The court found that the defendants did not file objections to the commission report and ruled the application to conduct further measurement was a tactic to delay.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Plaintiffs
Mohammed Ashraf (Age not specified years)
10A, E V Homes, Azad Road, Kaloor, Kochi - 682 017, Elamkulam Village, Kanayannoor Taluk, Ernakulam District
Defendants
Flavian (53 years)
Arakkal House, Irimpanam P O, Thiruvamkulam Village, Kanayanoor Taluk, Ernakulam
Jessy (50 years)
Flavian, Arakkal House, Irimpanam P O, Thiruvamkulam Village, Kanayanoor Taluk, Ernakulam
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petition for removal of the case from the list and to hear the pending Commission Application first was requested.
Evidence:
Hence this court is of opinion that it is not appropriate to remove the case from the list. Therefore on perusal of affidavit and arguments by both sides, this court is satisfied that this petition is to be dismissed.