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O.S. No. 283 /2023

Case between Shykumar T C et al vs Bineesh M N et al regarding recovery of possession and injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-09-27
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Shykumar T C and P S Saraswathi, seek to appoint an advocate commissioner to measure and demarcate the plaint schedule properties. The defendants have opposed the petition, arguing it is not maintainable.

Judgment Outcome

Plaintiff Won
Interim Order
The petition for appointing an advocate commissioner has been allowed. The court has appointed Advocate Albert Joseph as the Commissioner to measure and demarcate the plaint schedule properties.
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner
Case Type
Civil Suit
Final Judgment
No
The petition for appointing an advocate commissioner has been allowed. The court has appointed Advocate Albert Joseph as the Commissioner to measure and demarcate the plaint schedule properties.
Why Plaintiff Won:
The court found the appointment of an Advocate Commissioner necessary for proper adjudication.
Losing Side's Weaknesses:
The court found the appointment of an Advocate Commissioner necessary for proper adjudication.
Supporting Evidence
On perusal of petition averments and the relief sought in the suit and records in the case including the earlier commission report, I am convinced that the appointment of an Advocate Commissioner... is necessary to collect valuable inputs for a proper and fair adjudication of the above suit on merits.

Judgment Evidence:

In the result, the petition is allowed on the following terms: Advocate Albert Joseph is appointed as the Commissioner in this case...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shykumar T C
Relation
S/o
Party Role
Plaintiff
Party Name
P S Saraswathi
Relation
W/o
Party Role
Defendant
Party Name
Bineesh M N
Relation
S/o
Party Role
Defendant
Party Name
Susy Benny
Relation
W/o
Party Role
Defendant
Party Name
Suneesh
Relation
S/o
Party Role
Defendant
Party Name
Jiby
Relation
S/o
Party Role
Defendant
Party Name
Suresh
Relation
S/o
Plaintiffs Documents
Affidavit regarding plaint schedule properties.
Defendants Documents
Counter affidavit opposing the petition.

Advocates

Party Role
Plaintiff
Advocate Name
Jijo Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aneesh James
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
M D Beena
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Malleenathan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Prakash P George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abijith M
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Appointment of Advocate Commissioner.
Evidence:
In the result, the petition is allowed on the following terms: Advocate Albert Joseph is appointed as the Commissioner in this case...
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs directed to produce documents required for executing the work.
Evidence:
Petitioners are directed to produce all documents required for executing the work including the survey records.

Documents & Evidence

Document Type: Commissioner Report
Submitted By: Court
Relevance:
The court decided to appoint an Advocate Commissioner based on the need for accurate measurement and demarcation of the plaint schedule properties.
Reference:
null

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 Shykumar T C et al vs Bineesh M N et al regarding recovery of possession and injunction
Case Code Year
Case between Shykumar T C et al vs Bineesh M N et al regarding recovery of possession and injunction

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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