Case Summary
This case involves a dispute between the plaintiff Paily and the defendant Saji Joseph regarding the surveying of property. The plaintiff sought the court's permission to replace a previously appointed surveyor due to issues with the prior reports.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The present Taluk Surveyor is appointed to assist the advocate commissioner for surveying the property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiff's petition to replace the earlier surveyor with the present Taluk Surveyor, ensuring an impartial measurement process.
Why Plaintiff Won:
The court found that replacing the surveyor was necessary for an impartial measurement.
The court found that replacing the surveyor was necessary for an impartial measurement.
Losing Side's Weaknesses:
The court found that replacing the surveyor was necessary for an impartial measurement.
The court found that replacing the surveyor was necessary for an impartial measurement.
Supporting Evidence
Considering the contentions raised on both sides it can be seen that the deputation of present Taluk Surveyor in assisting the Advocate Commissioner in executing the work will in no way prejudice any party.
Judgment Evidence:
Hence the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Paily
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saji Joseph
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.K. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pavana Joy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Saritha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew. P. Paul
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition to review the order deputing the earlier surveyor to assist the advocate commissioner was allowed, substituting the earlier surveyor with the present Taluk Surveyor.
Evidence:
Hence the petition is allowed.
Documents & Evidence
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 Paily vs Saji Joseph regarding review of a survey order
Case Code Year
Case between Paily vs Saji Joseph regarding review of a survey order