Case Summary
This case involves the plaintiff S Abdul Razzak and defendants C B Suraja Devi and V P Omkumar. The defendants filed a petition to set aside a commission report related to the measurement of properties based on title deeds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the defendants' petition, setting aside the commission report and plan dated 05.11.2018 as it did not tally with the title deeds of the parties.
Key Reasoning:
The court found discrepancies in the commission reports and plans that warranted the setting aside of the commission.
The court found discrepancies in the commission reports and plans that warranted the setting aside of the commission.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The commission report and plan does not tally with title deeds of the plaintiff and defendant and also the reduction in extent is also not seen reported.
Judgment Evidence:
In the result, Petition is allowed. Ext.C4 and C4(a) commission report and plan dated 05.11.2018 are set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S Abdul Razzak
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C B Suraja Devi
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- V P Omkumar
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- G Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M P Ramnath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bepin Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalu Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Rajesh Kottakkal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Varghese Varghese M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antony Tharian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepak S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition to set aside the commission report and plan was allowed.
Evidence:
Accordingly, I find merit in the above petition.
Relief Type:
Other
Outcome:
Granted
Description:
The Ext.C4 and C4(a) commission report and plan dated 05.11.2018 are set aside.
Evidence:
Petition is allowed.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs were to be borne by the respective parties.
Evidence:
Considering the facts and circumstances of the case, the parties shall bear their respective costs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by Advocate A Balagopalan, the report was central to the court's decision to set aside the previous measurement report.
Reference:
Ext.C4
Document Type:
Sketch
Submitted By:
Court
Relevance:
Prepared by Sethumadhavan Nair, this sketch was submitted alongside the commission report and was also considered in the court's evaluation.
Reference:
Ext.C4(a)
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 S Abdul Razzak vs C B Suraja Devi et al regarding setting aside the commission report
Case Code Year
Case between S Abdul Razzak vs C B Suraja Devi et al regarding setting aside the commission report