Case Summary
Thomas George filed a petition seeking to appoint an Advocate Commissioner to measure and demarcate properties in a suit regarding injunction and declaration. The respondents opposed the petition, claiming that the properties are already identifiable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner
Case Type
Civil Suit
Final Judgment
No
The petition to appoint an Advocate Commissioner was allowed by the court to assist in resolving the boundary disputes and accessing the properties involved in the suit.
Why Plaintiff Won:
The court found that appointing an Advocate Commissioner was necessary for a proper and fair adjudication of the suit.
The court found that appointing an Advocate Commissioner was necessary for a proper and fair adjudication of the suit.
Losing Side's Weaknesses:
The court found that appointing an Advocate Commissioner was necessary for a proper and fair adjudication of the suit.
The court found that appointing an Advocate Commissioner was necessary for a proper and fair adjudication of the suit.
Supporting Evidence
On perusal of petition averments and records in the case, I am convinced that the appointment of an Advocate Commissioner with the assistance of a Taluk 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 V. A. Johnson, 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 plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas George
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kurian
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathew
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathachan
- Party Age
- 85
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathew Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joe Pollayil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Soori M B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Radhakrishnan M K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N M Mohammed Ayub
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Appointment of an Advocate Commissioner to survey and measure the plaint schedule properties.
Evidence:
I am convinced that the appointment of an Advocate Commissioner with the assistance of a Taluk surveyor is necessary to collect valuable inputs for a proper and fair adjudication of the above suit on merits.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court appointed an Advocate Commissioner to measure and demarcate the plaint schedule properties.
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 Thomas George vs Kurian et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Thomas George vs Kurian et al regarding declaration and permanent prohibitory injunction.