Case Summary
This case involves a petition filed by the defendants for the appointment of an Advocate Commissioner to ascertain the correct measurements of a property and review the previous measurements reported. The plaintiff opposes the petition, claiming it is belated and without merit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner and Expert Engineer.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for the appointment of an Advocate Commissioner to collect appropriate measurements of the property, emphasizing the importance of accurate evaluation for the case.
Why Plaintiff Won:
The court found that accurate measurements are necessary for fair adjudication.
The court found that accurate measurements are necessary for fair adjudication.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner contended that the advocate commissioner and expert engineer incorrectly assumed that the eastern wall (north-south) is the property boundary, overlooking that it is merely a partition...
Judgment Evidence:
In the light of the above discussion, the petition is allowed on the following terms:- 1) Advocate Albert Jose is appointed as the Commissioner in this case...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Natesh Babu
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Komalavally M K
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jaiprakash
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sridevi
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ramesh P
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Satheesh A P
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- George Merlo Pallath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M P Ramnath
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bepin Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sandhya S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shalu Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K S Akshay Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Gentle C D
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P Rajesh Kottakkal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Varghese M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Deepak S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Tharian
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ajesh K Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- K C Charles
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vimal K Charles
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- E N Hari Menon
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Appointment of an advocate commissioner and expert engineer for proper measurements
Evidence:
Therefore, from the above discussion, this court is satisfied that this petition is to be allowed in the interest of the justice and an advocate commissioner is to be appointed to collect valuable inputs for a proper and fair adjudication of the above suit.
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 Natesh Babu vs Komalavally M K et al regarding appointment of Advocate commissioner
Case Code Year
Case between Natesh Babu vs Komalavally M K et al regarding appointment of Advocate commissioner