Case Summary
This case involves Rema Smrithi V K as the plaintiff and Deena Mathew and others as defendants, seeking a permanent prohibitory injunction against the defendants. The defendants also filed a counterclaim for a mandatory injunction to demolish unauthorized construction by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner to inspect the property and report on the matter.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found it essential to appoint a commissioner to ensure a fair adjudication based on the evidence concerning the property at issue.
The court found it essential to appoint a commissioner to ensure a fair adjudication based on the evidence concerning the property at issue.
Judgment Evidence:
In the light of the above discussion, the petition is allowed on the following terms:- Advocate Jineeshlal S.B is appointed as the Commissioner in this case.
Parties Involved
Plaintiffs
Rema Smrithi V K (48 years)
Moothedath, Anagha, Diwans Road, Ernakulam, Kochi- 682001
Defendants
Deena Mathew (54 years)
3B Santhi Seaview Apartments, R Madhavan Nair Road, Ravipuram, Kochi- 682015
Abraham Joseph (55 years)
7B, Santhi Seaview Apartments, R Madhavan Nair Road, Ravipuram, Kochi- 682015
Pallavi Abraham (53 years)
7B, Santhi Seaview Apartments, R Madhavan Nair Road, Ravipuram, Kochi- 682015
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Appointment of an Advocate Commissioner with the assistance of an expert Engineer to collect valuable inputs regarding the construction made beyond the extent provided in the title deed.
Evidence:
the court is satisfied that it is essential to appoint an Advocate Commissioner with the assistance of an expert engineer to collect valuable inputs as to the building in plaint schedule property and the construction made beyond the extent provided in the title deed for a proper and fair adjudication of the above suit on merits.