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
The court allowed the petition for the appointment of an Advocate Commissioner to inspect the properties in dispute and obtain necessary information for fair adjudication.
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.
Losing Side's Weaknesses:
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.
Supporting 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.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Rema Smrithi V K
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Deena Mathew
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abraham Joseph
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pallavi Abraham
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- V A Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Eldho Cherian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Cyriac Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Naveen Varkey
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M A Abdul Hakkim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M A Azeez Mushtaque
- Appearance Type
- Main Counsel
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.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rema Smrithi V K vs Deena Mathew et al regarding permanent prohibitory injunction
Case Code Year
Case between Rema Smrithi V K vs Deena Mathew et al regarding permanent prohibitory injunction