Case Summary
The case involves Padmini and Thankappan as plaintiffs seeking an injunction related to the use of a roadway. The defendants, including Suresh and Jayan, dispute the claim and contend that the plaintiffs have no right over the way in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate commissioner and surveyor for property demarcation
Case Type
Injunction
Final Judgment
No
The court has appointed an Advocate commissioner and a surveyor to assist in demarcating the disputed roadway. The petitioners will be allowed to prove their claims regarding the property.
Why Plaintiff Won:
The court found it necessary to allow evidence collection and to ensure fair adjudication regarding the roadway in dispute.
The court found it necessary to allow evidence collection and to ensure fair adjudication regarding the roadway in dispute.
Losing Side's Weaknesses:
The court found it necessary to allow evidence collection and to ensure fair adjudication regarding the roadway in dispute.
The court found it necessary to allow evidence collection and to ensure fair adjudication regarding the roadway in dispute.
Supporting Evidence
Opportunity should be given to the petitioners to prove their case and for collection of evidence in support of their claim. The dispute is regarding the way and therefore, it is necessary to demarcate the way portion in existence.
Judgment Evidence:
Therefore, it is necessary to demarcate the way portion in existence in place and to note the way portion as referred to in the asset register so as to have a fair adjudication of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Padmini
- Party Age
- 61
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Thankappan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj N.N.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vinoj N.N.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viswambharan
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.V. Eldho
- Appearance Type
- Main Counsel
- Party Role
- Unknown
- Advocate Name
- Sajmi Abdulla
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The petitioners sought an injunction to measure and demarcate the plaint B schedule way.
Evidence:
Opportunity should be given to the petitioners to prove their case and for collection of evidence in support of their claim.
Documents & Evidence
Document Type:
Order
Submitted By:
Unknown
Relevance:
The court order discusses the application to appoint an Advocate Commissioner and a surveyor to measure and demarcate a public road.
Reference:
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Dispute regarding public road
Case Code
Case between Padmini et al vs Suresh et al regarding injunction and other reliefs
Case Code Year
Case between Padmini et al vs Suresh et al regarding injunction and other reliefs