Case Summary
The case involves RAMLA as the plaintiff and SUBAIR as the defendant. It is a petition for the appointment of an Advocate Commissioner to assist in measuring property boundaries and to provide injunctions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate V. Lathesh as Advocate Commissioner and a Taluk Surveyor.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for appointing an Advocate Commissioner and a Taluk Surveyor to measure the property and fix the boundary based on the title deed.
Why Plaintiff Won:
The court considered the interests of justice and the principles regarding property measurement.
The court considered the interests of justice and the principles regarding property measurement.
Losing Side's Weaknesses:
The court considered the interests of justice and the principles regarding property measurement.
The court considered the interests of justice and the principles regarding property measurement.
Supporting Evidence
The counsel for respondent objected the same stating that property cannot be measured in the measurements are not mentioned in the partition deed. However, respondent submits that the property can be measured by the Advocate Commissioner based on possession.
Judgment Evidence:
Hence, in the interest of justice the petition is allowed and Advocate V. Lathesh is appointed as the Advocate Commissioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- RAMLA
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- SUBAIR
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Not available
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagoplan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Siju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ranjith Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Appointment of Advocate Commissioner to measure the property and fix the boundary.
Evidence:
Hence, in the interest of justice the petition is allowed and Advocate V. Lathesh is appointed as the Advocate Commissioner.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
The court allowed the petition to appoint an Advocate Commissioner for measuring the property and fixing the boundary.
Reference:
null
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Boundary Dispute
Case Code
Case between RAMLA vs SUBAIR regarding fixation of boundary and injunction.
Case Code Year
Case between RAMLA vs SUBAIR regarding fixation of boundary and injunction.