Case Summary
The case involves a permanent prohibitory injunction sought by the plaintiff, Mohammed Ashraf, against the defendants, Flavian and Jessy, over a boundary dispute. The defendants filed a petition to remove the case from the list, stating a need for further measurement of properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition filed by the defendants to remove the case from the list and held that the defendants' application was a delay tactic without merit.
Key Reasoning:
The court found that the defendants did not file objections to the commission report and ruled the application to conduct further measurement was a tactic to delay.
The court found that the defendants did not file objections to the commission report and ruled the application to conduct further measurement was a tactic to delay.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court is satisfied that the claim to conduct measurement based on digital survey is only a delay tactics and without merits and court has dismissed the said IA 13/25.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohammed Ashraf
- Party Role
- Defendant
- Party Name
- Flavian
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jessy
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Bharath Murali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C Devanand
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Madhusoodanan S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M D Suni
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Catherine Paulson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lipimol G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph George A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jinoy Thankachan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sujithra Prakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petition for removal of the case from the list and to hear the pending Commission Application first was requested.
Evidence:
Hence this court is of opinion that it is not appropriate to remove the case from the list. Therefore on perusal of affidavit and arguments by both sides, this court is satisfied that this petition is to be dismissed.
Documents & Evidence
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 Mohammed Ashraf vs Flavian et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Mohammed Ashraf vs Flavian et al regarding Permanent Prohibitory Injunction