Case Summary
P P Alex, represented by his son Nikhin Alex, filed a suit against Jamaludheen for a permanent prohibitory injunction to prevent obstruction in the enjoyment of property rights. The case involves a dispute over the rights to the third floor and amenities of a building.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner Alex M Jose
Case Type
Civil Suit
Final Judgment
No
The court allowed the appointment of an Advocate Commissioner to inspect the plaint schedule property and report on the current status, aiding in the fair adjudication of the case.
Why Plaintiff Won:
The court found that allowing the petition will aid in the adjudication of the case and will not cause prejudice to the respondent.
The court found that allowing the petition will aid in the adjudication of the case and will not cause prejudice to the respondent.
Losing Side's Weaknesses:
The court found that allowing the petition will aid in the adjudication of the case and will not cause prejudice to the respondent.
The court found that allowing the petition will aid in the adjudication of the case and will not cause prejudice to the respondent.
Supporting Evidence
On a perusal of petition averments and records in the case, I am convinced that the appointment of an Advocate Commissioner will aid the court to collect valuable inputs for a proper and fair adjudication of the above suit.
Judgment Evidence:
In the light of the above discussion, the petition is allowed on the following terms: - 1) Advocate Alex M Jose is appointed as the Commissioner in this case.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P P Alex
- Party Age
- 63
- Relation
- S/o late P K Pothen
- Party Role
- Plaintiff
- Party Name
- Nikhin Alex
- Party Age
- 21
- Relation
- S/o P P Alex
- Party Role
- Defendant
- Party Name
- Jamaludheen
- Party Age
- 61
- Relation
- S/o late Muhammed
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dinesh R Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saumya T S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph George A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Silesh S Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Biju Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lakshmi Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaheer Ali Mohammed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Athin Roy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Appointment of an Advocate Commissioner to inspect the plaint schedule property.
Evidence:
In the light of the above discussion, the petition is allowed on the following terms: - Advocate Alex M Jose is appointed as the Commissioner in this case.
Documents & Evidence
Document Type:
Advocate Commissioner Report
Submitted By:
Court
Relevance:
The report provided a status of the building and construction at the time of filing the suit.
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 P P Alex et al vs Jamaludheen regarding permanent prohibitory injunction
Case Code Year
Case between P P Alex et al vs Jamaludheen regarding permanent prohibitory injunction