Case Summary
The petitioners, Rafael and Josepheena, are seeking an advocate commissioner to measure and prepare a sketch of property related to their counter claim. The plaintiffs, Mable Ignatious and others, oppose the petition, arguing that the petitioners have no right to restrict access to a public pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for the appointment of an Advocate Commissioner to measure the counter claim properties as requested by the defendants. This is necessary for a fair adjudication of the case.
Why Plaintiff Won:
The appointment of an Advocate Commissioner is necessary for proper evidence collection related to counter claims.
The appointment of an Advocate Commissioner is necessary for proper evidence collection related to counter claims.
Losing Side's Weaknesses:
The appointment of an Advocate Commissioner is necessary for proper evidence collection related to counter claims.
The appointment of an Advocate Commissioner is necessary for proper evidence collection related to counter claims.
Supporting Evidence
The court is convinced that the appointment of an Advocate Commissioner with the assistance of the surveyor is necessary to collect valuable inputs for a proper and fair adjudication of the above counter claim on merits.
Judgment Evidence:
In the result, the petition is allowed on the following terms:- 1) Advocate Jomol Pius 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 defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mable Ignatious
- Party Age
- 67
- Relation
- W/o Late P A Ignatious
- Party Role
- Plaintiff
- Party Name
- Antony Savio
- Party Age
- 47
- Relation
- S/o Late P A Ignatious
- Party Role
- Plaintiff
- Party Name
- Sylex George
- Party Age
- 40
- Relation
- S/o Late P A Ignatious
- Party Role
- Plaintiff
- Party Name
- Mary Seeba
- Party Age
- 42
- Relation
- D/o Late P A Ignatious
- Party Role
- Defendant
- Party Name
- Rafael
- Party Age
- 76
- Relation
- S/o Ouseppunny
- Party Role
- Defendant
- Party Name
- Josepheena
- Party Age
- 67
- Relation
- W/o Rafael
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sanal K M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anup T Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- John Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition for the appointment of an Advocate Commissioner to measure and prepare a sketch of the counter claim properties.
Evidence:
In the result, the petition is allowed on the following terms:- Advocate Jomol Pius is appointed as the Commissioner in this case.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court referred to previous commission reports for making a decision on the measurement application.
Reference:
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The defendants seek to rely on the title deeds to support their application for measuring the counter claim properties.
Reference:
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The court considered oral arguments presented by both sides regarding the rights over the property.
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 Mable Ignatious et al vs Rafael et al regarding permanent prohibitory injunction
Case Code Year
Case between Mable Ignatious et al vs Rafael et al regarding permanent prohibitory injunction