Case Summary
This case involves VALSALA ALLIYANKAL and MANOJ ALLIYANKAL as petitioners/defendants against SHYLAJA. C. P as the respondent/plaintiff. The petition requests the court to set aside a commission report related to a dispute over a pathway and trespassing issues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The commission report and sketch dated 13.03.2025 are remitted back to the Advocate Commissioner to file a fresh report.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition by modifying the relief rather than setting aside the commission report. The commission report and sketch were remitted back to the Advocate Commissioner for fresh identification of the properties.
Why Plaintiff Won:
The commission report was found to be inadequately identifying the properties involved.
The commission report was found to be inadequately identifying the properties involved.
Losing Side's Weaknesses:
The commission report was found to be inadequately identifying the properties involved.
The commission report was found to be inadequately identifying the properties involved.
Supporting Evidence
It is further reported that he could not find that there is a vehicular passage and a vehicle has been entered into the plaint schedule property at the time of inspection.
Judgment Evidence:
In the result, IA 24/2025 is allowed by modifying the relief.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- SHYLAJA. C. P
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- VALSALA ALLIYANKAL
- Party Age
- 67
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- MANOJ ALLIYANKAL
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Madhusoodhanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Remitted the commission report dated 13.03.2025 back to the Advocate commissioner without setting it aside.
Evidence:
Therefore, in the light of discussions the petition is allowed by modifying the relief as to remittal and not to set aside the report and sketch.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the Advocate Commissioner dated 13.03.2025.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
Submitted in connection with the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Filed by the Advocate Pradeepan. U. V dated 13.03.2025.
Reference:
Ext.C2
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence related to the commission report.
Reference:
Ext.C3 series
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
2022