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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
Case Closed

Judgement document from eCourt website

Judgment Document
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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
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.
Losing Side's Weaknesses:
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.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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