O.S. No.322/2021

Case between Thomas George vs Kurian et al regarding declaration and permanent prohibitory injunction.

Court

COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany.

Order Date

2025-04-10

Duration

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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

Plaintiff Won

Interim Order

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.

Judgment Favored

Plaintiff

Relief Granted

Appointment of Advocate Commissioner

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The court found that appointing an Advocate Commissioner was necessary for a proper and fair adjudication of the suit.

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

Plaintiffs

Thomas George (74 years years) Enniriyil House, Kandanad P O, Manakunnam Village, Ernakulam District

Defendants

Kurian (50 years years) Thukalan House, Kandanad P O, Manakunnam Village, Kanayannur Taluk, Ernakulam District Mathew (53 years years) Thukalan House, Kandanad P O, Manakunnam Village, Kanayannur Taluk, Ernakulam District George (47 years years) Thukalan House, Kandanad P O, Manakunnam Village, Kanayannur Taluk, Ernakulam District Mathachan (85 years years) Thukalan House, Kandanad P O, Manakunnam Village, Kanayannur Taluk, Ernakulam District

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: