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
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.
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.
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