Case Summary
This case involves a petition filed by Najeev K against Souda and others regarding the remittance of a commission report and plan. The petitioner claims that the advocate commissioner failed to properly measure the plaint schedule property and requests a new commissioner to be appointed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Remittance of commission report and plan for filing fresh report.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition of the plaintiff, remitting the commission report back to the advocate commissioner for further action.
Why Plaintiff Won:
The advocate commissioner will cover all essential points as stated in the application.
The advocate commissioner will cover all essential points as stated in the application.
Losing Side's Weaknesses:
The advocate commissioner will cover all essential points as stated in the application.
The advocate commissioner will cover all essential points as stated in the application.
Supporting Evidence
The advocate commissioner is directed to clear off all the ambiguities and has to measure out the plaint schedule property based on the title deeds with the assistance of Taluk Surveyor.
Judgment Evidence:
Hence, the petition is allowed and petitioner/plaintiff is directed to deposit the commission batta and surveyor batta of Rs.5,000/- and Rs.3,000/- respectively before this court within a period of 6 days from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- NAJEEB. K
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SOUDA
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- RAMLA
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- MAMI
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- NASAR
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- JALEEL
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Balagopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The commission report and plan dated 06.04.2024 and 25.02.2025 are remitted back to the Advocate commissioner.
Evidence:
Hence, the petition is allowed and petitioner/plaintiff is directed to deposit the commission batta and surveyor batta of Rs.5,000/- and Rs.3,000/- respectively before this court within a period of 6 days from the date of this order.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court remitted back the commission report and plan for filing a fresh report that addresses essential points.
Reference:
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Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2021