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O.S. No. 05/2020

Case between Moly Thambi vs Jeny Jacob regarding commission report and survey plan

Court
IN THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt.Sirsha N.A
Order Date
2024-08-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Moly Thambi filed a petition regarding the commission report and survey plan for property boundaries. Jeny Jacob, the respondent, opposed the petition, claiming illegal contentions over the property sale.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition, remitting the commission report back for re-inspection of the property. No costs were awarded to either party.
Judgment Favored
Plaintiff
Relief Granted
Commission report is remitted back and the Advocate Commissioner is directed to inspect the property again.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition, remitting the commission report back for re-inspection of the property. No costs were awarded to either party.
Why Plaintiff Won:
The Advocate Commissioner had not measured the property as per the title deeds.
Losing Side's Weaknesses:
The Advocate Commissioner had not measured the property as per the title deeds.
Supporting Evidence
The merit of the contentions put forward by the parties, is a matter of evidence but when those aspects are to be proved proper evidence that must be brought before the court.

Judgment Evidence:

In the result, the petition is allowed as follows. The commission report is remitted back and directed to inspect the property again with the assistance of Taluk Surveyor and shall locate the property as per deed description as per resurvey number as provided by the petitioner.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Moly Thambi
Relation
W/o
Party Role
Defendant
Party Name
Jeny Jacob
Relation
S/o
Plaintiffs Documents
Commission report dated 31.03.2021, Sale document No. 5795/2019
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C.R.Vinod Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K A Benny
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The commission report is remitted back for re-inspection.
Evidence:
In the result, the petition is allowed as follows. The commission report is remitted back and directed to inspect the property again.
Relief Type: Other
Outcome: Not Decided
Description:
Costs to be awarded to the parties.
Evidence:
Considering the nature of the contentions I think petitioner is not entitled for any costs.

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
The court discussed the inadequacies of the commission report and directed it to be inspected again.
Reference:
null
Document Type: Survey Plan
Submitted By: Court
Relevance:
The court found the survey plan to be insufficient and ordered a re-inspection.
Reference:
null
Document Type: Title deed
Submitted By: Plaintiff
Relevance:
The court mentioned these title deeds as the basis for measuring the property correctly.
Reference:
document Nos. 5609/09, 4503/19 of SRO Puthencruz

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Moly Thambi vs Jeny Jacob regarding commission report and survey plan
Case Code Year
Case between Moly Thambi vs Jeny Jacob regarding commission report and survey plan

Quick Facts

Location
Kolenchery, Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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