Case Summary
The petitioner, VALIYA PARAMBHATH MUHAMMAD KUTTY, requested to remit back a commission report due to discrepancies in the property identification. The respondent, KEKKANDI KUNHABDULLA, objected, stating the petition was a delay tactic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Remittance of the commission report and plan for fresh report.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition and remitted the commission report back to the Advocate commissioner for a fresh report.
Why Plaintiff Won:
The petitioner demonstrated valid reasons for discrepancies in the commission report.
The petitioner demonstrated valid reasons for discrepancies in the commission report.
Losing Side's Weaknesses:
The petitioner demonstrated valid reasons for discrepancies in the commission report.
The petitioner demonstrated valid reasons for discrepancies in the commission report.
Supporting Evidence
The court has gone through the commission report and plan filed by the Advocate commissioner dated 25.11.2024. It is revealed that there are some discrepancies with regard to the report and plan with respect to the identity of the property.
Judgment Evidence:
In the result, IA 10/2025 is allowed and the commission report and plan dated 25.11.2024 is remitted back to the Advocate commissioner for filing fresh report.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- VALIYA PARAMBHATH MUHAMMAD KUTTY
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KEKKANDI KUNHABDULLA @ K. K. C. KUNHABDULLA MASTER
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
Commission report dated 25.11.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Subramanian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Previn. P. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Bhavana. B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The commission report and plan dated 25.11.2024 is remitted back to the Advocate commissioner for filing a fresh report.
Evidence:
IA 10/2025 is allowed and the commission report and plan dated 25.11.2024 is remitted back to the Advocate commissioner for filing fresh report.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court discussed the commission report and plan filed by the Advocate Commissioner dated 25.11.2024, noting discrepancies in the identification of the property.
Reference:
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Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2021