Case Summary
Moly Thambi filed a petition regarding the commission report and survey plan for property boundaries. Jeny Jacob, the respondent, opposed the petition, claiming illegal contentions over the property sale.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Commission report is remitted back and the Advocate Commissioner is directed to inspect the property again.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition, remitting the commission report back for re-inspection of the property. No costs were awarded to either party.
Why Plaintiff Won:
The Advocate Commissioner had not measured the property as per the title deeds.
The Advocate Commissioner had not measured the property as per the title deeds.
Losing Side's Weaknesses:
The Advocate Commissioner had not measured the property as per the title deeds.
The Advocate Commissioner had not measured the property as per the title deeds.
Supporting Evidence
The merit of the contentions put forward by the parties, is a matter of evidence but when those aspects are to be proved proper evidence that must be brought before the court.
Judgment Evidence:
In the result, the petition is allowed as follows. The commission report is remitted back and directed to inspect the property again with the assistance of Taluk Surveyor and shall locate the property as per deed description as per resurvey number as provided by the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moly Thambi
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jeny Jacob
- Relation
- S/o
Plaintiffs Documents
Commission report dated 31.03.2021, Sale document No. 5795/2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.R.Vinod Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K A Benny
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The commission report is remitted back for re-inspection.
Evidence:
In the result, the petition is allowed as follows. The commission report is remitted back and directed to inspect the property again.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs to be awarded to the parties.
Evidence:
Considering the nature of the contentions I think petitioner is not entitled for any costs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court discussed the inadequacies of the commission report and directed it to be inspected again.
Reference:
null
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The court found the survey plan to be insufficient and ordered a re-inspection.
Reference:
null
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The court mentioned these title deeds as the basis for measuring the property correctly.
Reference:
document Nos. 5609/09, 4503/19 of SRO Puthencruz
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Moly Thambi vs Jeny Jacob regarding commission report and survey plan
Case Code Year
Case between Moly Thambi vs Jeny Jacob regarding commission report and survey plan