Case Summary
This case involves a petition filed by Swapna against Sudarsanan M R seeking the appointment of an Advocate Commissioner to measure and demarcate property boundaries due to a dispute. The case addresses the plaintiff's claim of ownership and the defendant's allegations of encroachment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner and Taluk Surveyor for property measurement
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for the appointment of an Advocate Commissioner to facilitate the measurement and demarcation of property boundaries as per the claims of both parties.
Why Plaintiff Won:
The court found the appointment of an Advocate Commissioner necessary for proper adjudication of the suit.
The court found the appointment of an Advocate Commissioner necessary for proper adjudication of the suit.
Losing Side's Weaknesses:
The court found the appointment of an Advocate Commissioner necessary for proper adjudication of the suit.
The court found the appointment of an Advocate Commissioner necessary for proper adjudication of the suit.
Supporting Evidence
The appointment of an Advocate Commissioner with the assistance of the surveyor 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 Shalu Varghese is appointed as the Commissioner in this case and whose remuneration shall be Rs.10,000/- which shall be paid directly to the Commissioner by the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Swapna
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sudarsanan M R
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 2492/2013 of SRO-Tripunithara, Revenue records
Defendants Documents
Sale Deed No. 2686/2013 of SRO-Tripunithara
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M Narendrakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harshadev M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Benny M John
- Appearance Type
- Main Counsel
- Party Role
- Unknown
- Advocate Name
- Shalu Varghese
- Appearance Type
- Unknown
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Appointment of an Advocate Commissioner to measure and demarcate the boundaries of the property.
Evidence:
the appointment of an Advocate Commissioner with the assistance of the surveyor is necessary to collect valuable inputs for a proper and fair adjudication of the above suit on merits.
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
The request for a decree restraining the defendant from interfering with the peaceful possession and enjoyment of the plaint A and B schedule properties.
Evidence:
the contention that all the issues have been settled and there is no question of fixation of boundary remains to be considered only after the trial.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
Decree declaring the plaintiff's title over A schedule property.
Evidence:
additional relief to grant a decree declaring the plaintiff's title over A schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document serves as the basis for the plaintiff's claim of ownership over plaint A schedule property.
Reference:
Sale Deed No. 2492/2013
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document serves as the basis for the defendant's claim of ownership over plaint C schedule property.
Reference:
Sale Deed No. 2686/2013
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The court considered the oral submissions made by both parties regarding the boundary disputes.
Reference:
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 Swapna vs Sudarsanan M R regarding appointment of Advocate Commissioner
Case Code Year
Case between Swapna vs Sudarsanan M R regarding appointment of Advocate Commissioner