Case Summary
C A John, the plaintiff, seeks to review an order regarding a declaration of easement by prescription and permanent prohibitory injunction. The defendants include C A Joseph and others who oppose the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order dated 10.09.2024 in IA 4/2024 is reviewed.
Case Type
Civil Suit
Final Judgment
No
The petition to review the prior order is allowed, and the advocate commissioner will inspect the property with the assistance of the Taluk Surveyor.
Why Plaintiff Won:
The court found sufficient grounds to review the order in the interest of justice for effective adjudication of the suit.
The court found sufficient grounds to review the order in the interest of justice for effective adjudication of the suit.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court is satisfied that there is sufficient ground to review order dated 10.09.2024 in the interest of justice for effective adjudication of the suit.
Judgment Evidence:
In the result, 1) Petition is allowed. Order dated 10.09.2024 in IA 4/2024 is reviewed. Advocate commissioner shall inspect the property with the assistance of Taluk Surveyor.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C A John
- Party Age
- 72
- Relation
- S/o late Avirah C V
- Party Role
- Defendant
- Party Name
- C A Joseph @ Pappa
- Party Age
- 73
- Relation
- S/o late C V Antony
- Party Role
- Defendant
- Party Name
- C V Varghese @ Vakkachan
- Party Age
- 69
- Party Role
- Defendant
- Party Name
- C V Martin @ Benny
- Party Age
- 52
- Party Role
- Defendant
- Party Name
- Lekha P
- Party Age
- 69
- Relation
- W/o Madhuraj Nair
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A T Anil Kumar (Anil Mamala)
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishob K Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Balram S A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anupama R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shibu Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ajith Viswanathan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anoopa M J
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V C Xavier
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sruthy R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sanu S Malakeel
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Princy Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rohan Babu Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Litty P Francis
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S Renjith
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P K Sreevalsakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K R Prathish
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S Unnikrishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Review of order dated 10.09.2024 in IA 4/2024 allowing advocate commissioner to inspect the property with assistance of a Taluk Surveyor.
Evidence:
Accordingly, this court is satisfied that there is sufficient ground to review order dated 10.09.2024 in the interest of justice for effective adjudication of the suit.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
The court reviewed and modified its earlier order in this petition.
Reference:
IA 4/2024
Document Type:
Order
Submitted By:
Court
Relevance:
The court referenced this order to highlight the oversight regarding the appointment of the Taluk Surveyor.
Reference:
OP(C) 1692/2023
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 C A John vs C A Joseph @ Pappa et al regarding declaration of easement by prescription and permanent prohibitory injunction
Case Code Year
Case between C A John vs C A Joseph @ Pappa et al regarding declaration of easement by prescription and permanent prohibitory injunction